Allahabad High Court
VIJAY KUMAR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR is not maintainable after the charge-sheet has been filed and is dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 04.05.2026 indicating that the charge-sheet had already been filed by the Director General of Police, U.P. 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 a writ petition seeking to quash the FIR is not maintainable after a charge-sheet is filed. The petition was therefore dismissed and consigned to the record. The petitioners were directed to seek any other legal remedy that may be available to them.
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. - 6150 of 2023
Vijay Kumar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Singh Tomar
Counsel for Respondent(s) : G.A., Manoj Kumar Dhuriya
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 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 petitioner (s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 6, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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