Allahabad High Court
MANIRAM AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge sheet has been filed, and therefore must be dismissed.
Summary
The petitioners Maniram and two others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 2 May 2026 indicating that the charge sheet in the matter had already been filed. The Court noted that the filing of the charge sheet rendered the challenge to the FIR moot. Consequently, the Court held that there was no ground to entertain the writ petition and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.
Issues considered
- The writ petition challenging the FIR is maintainable after the charge sheet has been filed.
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- petition dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5530 of 2023
Maniram And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pravin Kumar 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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