Created by Fuzzy Cloud

Allahabad High Court

SANTOSH KUMAR SRIVASTAVA AND ANOTHERversusSTATE OF U.P. THROUGH SECRETARY HOME AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge-sheet precludes challenging the FIR through a writ.

Summary

The petitioners, Santosh Kumar Srivastava and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Secretary Home, opposed the petition. The court noted that a charge-sheet had already been filed, as per a report dated 4 May 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge-sheet was on record, the court held that the FIR could not be contested through the writ petition. Consequently, the petition was dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 6 May 2026.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed

Subjects

  • Criminal Procedure Code
  • FIR
  • Writ Petition
  • Charge Sheet
  • High Court
  • Dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 6120 of 2022

                                    Santosh Kumar Srivastava And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                 :   Abha Pandey, Lal Ji Pandey
                                    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.