Allahabad High Court
SANTOSH KUMAR GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as the charge sheet had already been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR against them. The petition was heard in the revised call before a two‑judge bench of the Allahabad High Court. The court noted that, per a report dated 02‑05‑2026, the charge sheet in the matter had already been filed by the Director General of Police. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the petition was dismissed and consigned to the record, with the court indicating that the petitioners could pursue any other legal remedy available. The decision was pronounced on 5 May 2026.
Issues considered
- What is the appropriate remedy when a writ petition challenges an FIR after a charge sheet has been filed?
Subjects
- Criminal Procedure Code
- FIR
- Writ Petition
- Charge Sheet
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5519 of 2022
Santosh Kumar Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Yadav
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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