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Allahabad High Court

VIRENDRA MAURYA AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed because the filing of a charge sheet precludes a challenge to the FIR in a writ petition.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that a charge sheet had already been filed in the case. The Court noted that the filing of a charge sheet renders a challenge to the FIR inadmissible in a writ petition. Consequently, the Court dismissed the petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. The decision was delivered by a two‑judge bench of the Allahabad High Court on May 5, 2026.

Issues considered

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

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 5509 of 2023

                                    Virendra Maurya And 5 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)      : Anand Kumar Tiwari
                                    Counsel for Respondent(s)      : G.A., Raj Kumar Pandey, Ram Kumar
                                                                     Pal

                                    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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