Allahabad High Court
VIJENDRA KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed as the filing of a charge sheet precludes challenging the FIR through a writ.
Summary
The petitioner, Vijendra Kumar, 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 dated 02.05.2026 indicating that a charge sheet had already been filed by the Director General of Police, U.P. The Court observed that once a charge sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and ordered it to be consigned to the record. The judgment further directed the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet.
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5526 of 2023
Vijendra Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikas Mishra
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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