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Allahabad High Court

SONU YADAV @ RAJESH YADAVversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge sheet has been filed, and therefore must be dismissed.

Summary

The petitioners, Sonu Yadav (alias Rajesh Yadav), filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 2 May 2026 indicating that the charge sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet rendered the challenge to the FIR moot, as the investigation had progressed to the stage of formal charges. Consequently, the Court held that there was no ground to entertain the writ petition seeking relief against the FIR. The petition was therefore dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.

Issues considered

  • Whether a writ petition challenging the registration of an FIR can be entertained after the charge sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 5462 of 2023

                                    Sonu Yadav @ Rajesh Yadav
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Dinesh Kumar Maurya, Dinesh Kumar
                                                                     Patel
                                    Counsel for Respondent(s)      : G.A., Sakshi Patel

                                    Court No. - 42
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Case is taken up in the revised call. No one is present for the
                                    petitioner(s). Learned AGA is present for the State.

                                    2. We have perused the office report dated 02.05.2026 which is quoted as
                                    below :-

                                    "As per report submitted by the Legal Cell, O/o Director General of
                                    Police, U.P., the charge sheet has been filed."

                                    3. In view of the fact that charge-sheet has already been submitted and
                                    since the writ petition is challenging the FIR, we are of the view that the
                                    writ petition be dismissed and it be consigned to record.

                                    4. The writ petition is, accordingly, dismissed. The petitioner(s) may avail
                                    such remedy as might be available under law.


                                                         (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    May 5, 2026
                                    PK




Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad


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