Allahabad High Court
SACHIN @ SONU TIWARI AND AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The petition was heard in the revised call, with no petitioner present and the State represented by an Additional Government Advocate. The court examined an office report dated 2 May 2026 indicating that the charge sheet in the case had already been filed by the Director General of Police, Uttar Pradesh. Since the charge sheet was filed, the court held that the petition, which sought to contest the FIR, was no longer maintainable. Consequently, the writ petition was dismissed and consigned to the record, with the petitioners directed to pursue any other legal remedy available. The decision underscores that once a charge sheet is filed, a writ petition challenging the FIR is generally not maintainable.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- maintainability
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5472 of 2022
Sachin @ Sonu Tiwari And And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Shukla
Counsel for Respondent(s) : G.A.
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 petitioners. 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 petitioners may avail such remedy
as might be available under law.
May 5, 2026
vijay krishna
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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