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Allahabad High Court

SHRI AMIT GARGversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge sheet has been filed.

Summary

The petitioner, Shri Amit Garg, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The High Court noted that the charge sheet had already been filed by the police, as per the report dated 02.05.2026. Since the charge sheet was on record, the Court held that the writ petition, which sought to contest the FIR, could not proceed. Consequently, the Court dismissed the petition and directed the petitioner to seek any other legal remedy available. The dismissal was recorded on 5 May 2026.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 5593 of 2025

                                    Shri Amit Garg
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Yash Padia
                                    Counsel for Respondent(s)              :   G.A., Kunwar Ajay Singh

                                    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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