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Allahabad High Court

DEVENDRA PALversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition challenging the FIR was dismissed as it was not maintainable after the filing of the charge sheet.

Summary

Devendra Pal filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet in the matter had already been filed. The Court observed that since the charge sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, noting that the petitioner could seek any other remedy available under law. The dismissal was pronounced by a bench of two judges on May 5, 2026.

Issues considered

  • Whether a writ petition challenging the FIR is maintainable after the charge sheet has been filed.

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • high court
  • dismissal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 5506 of 2023

                                    Devendra Pal
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Akhilesh Kumar Mishra
                                    Counsel for Respondent(s)          :   G.A., Rajesh Kumar Chaudhary

                                    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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