Allahabad High Court
MAHENDRA JAISWAL AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners Mahendra Jaiswal and another 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 02.05.2026 indicating that the charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge sheet was on record, the petition, which sought to contest the FIR, could not be entertained. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, while noting that the petitioners could pursue any other legal remedy available. The decision underscores the principle that once a charge sheet is filed, a writ petition challenging the FIR is not maintainable.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the filing of a charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- Criminal Procedure Code
- High Court
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5565 of 2025
Mahendra Jaiswal And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashwani Singh, Awadhesh Kumar
Mishra, Rekha Jaiswal
Counsel for Respondent(s) : Ankit Kapoor, 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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