Allahabad High Court
UMA SHANKAR AND 16 OTHERSversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of the charge sheet rendered the challenge to the FIR non-maintainable.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed by the Director General of Police. The Court observed that once a charge sheet is filed, the FIR issue is no longer maintainable before the High Court. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other remedy available under law. The decision was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on May 5, 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
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5631 of 2025
Uma Shankar And 16 Others
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Ashraf Ali
Counsel for Respondent(s) : G.A., Manoj Kumar 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 petitioners. Learned
AGA is present for the State.
2. We have perused the office report dated 04.05.2026 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
Checking your session…