Allahabad High Court
SANJEEV KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR cannot be entertained once the charge‑sheet has been filed, and must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State submitted a report from the Director General of Police indicating that a charge‑sheet had already been filed. The Court observed that the petition merely sought to quash the FIR despite the filing of the charge‑sheet. It held that once a charge‑sheet is filed, the writ petition is premature and cannot be entertained. Consequently, the petition was dismissed and consigned to the record, with the petitioners directed to pursue any other legal remedies available.
Issues considered
- Can a writ petition challenging an FIR be entertained after the charge‑sheet has been filed?
Subjects
- writ petition
- FIR
- charge sheet
- Criminal Procedure Code
- High Court
- preliminary objection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 618 of 2025
Sanjeev Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aman Patel, Neeraj Singh Yadav
Counsel for Respondent(s) : Syed Mohd. Khalid, 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
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