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Allahabad High Court

SHIWAM @ ASHUTOSH DUBEY AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as the charge sheet has already been filed, rendering the challenge to the FIR untenable.

Summary

Petitioners Shiwam @ Ashutosh Dubey and others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted that a charge sheet had already been filed, as per a report dated 02.05.2026 from the Legal Cell of the Director General of Police, U.P. 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, while noting that the petitioners could pursue any other remedy available under law. The dismissal was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on 5 May 2026.

Issues considered

  • Whether a writ petition challenging the FIR is maintainable after the filing of a charge sheet

Subjects

  • Criminal Procedure Code
  • FIR
  • Writ Petition
  • Charge Sheet
  • High Court
  • Dismissal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 5507 of 2023

                                    Shiwam @ Ashutosh Dubey And 4 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)              :   Chandra Prakash Pandey
                                    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
                                    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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