Allahabad High Court
DHEERAJ KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioner 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 indicating that a charge-sheet had already been filed. The Court noted that the filing of a charge-sheet renders a challenge to the FIR untenable at this stage. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioner to seek any other appropriate remedy. No further relief was granted.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- Criminal Procedure Code
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6160 of 2025
Dheeraj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anuj Kumar Singh, Suraj Pandey
Counsel for Respondent(s) : Anoop Pandey, 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
LN Tripathi
Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad
Checking your session…