Created by Fuzzy Cloud

Allahabad High Court

RAMESH @ RAMESH KUMAR AND 10 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition challenging the FIR was dismissed because the charge-sheet had already been filed.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that the charge-sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge-sheet signifies that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, could not be entertained at this juncture. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other appropriate legal remedy. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 6 May 2026.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after a 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. - 6099 of 2022

                                    Ramesh @ Ramesh Kumar And 10 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Devendra Tiwari Deva
                                    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 list. No one is present for the petitioner (s).
                                    Learned AGA is present for the State.

                                    2. We have perused the office report dated 4.5.2026 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 6, 2026
                                    safi




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.