Allahabad High Court
HEMENDRA SINGH AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The petition was heard in the revised call, with no petitioner present and the State represented by an AGA. The court noted that the charge sheet had already been filed, as per a report dated 02.05.2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge sheet was on record, the court held that the petition, which sought to contest the FIR, could not proceed. Consequently, the writ petition was dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. The decision was delivered by Hon'ble Justices Siddhartha Varma and Jai Krishna Upadhyay on 5 May 2026.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5565 of 2023
Hemendra Singh And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Srivastav, Rajesh Kumar
Srivastava, Tiwari Abhishek Rajesh
Counsel for Respondent(s) : Brijesh Kumar Srivastava, 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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