Allahabad High Court
AJAY KATIYAR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR is dismissed as the charge sheet has already been filed.
Summary
The petitioners 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 indicating that a charge sheet had already been filed in the case. The Court observed that since the charge sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition, directing the petitioners to seek any other appropriate legal remedy. The dismissal was recorded on May 5, 2026.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5602 of 2023
Ajay Katiyar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Vikram Yadav
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 petitioners. 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 petitioners may avail such remedy
as might be available under law.
May 5, 2026
vijay krishna
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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