Allahabad High Court
MONU @ MUNENDRA UPADHYAYversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners, Monu @ Munendra Upadhyay, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Additional Government Advocate, submitted an office report dated 04‑05‑2026 indicating that the police had already filed a charge‑sheet in the matter. The Court noted that once a charge‑sheet is filed, the FIR is deemed to have been investigated and the remedy sought through a writ petition is no longer maintainable. Consequently, the Court held that the petition, which merely contested the FIR, could not proceed. The writ petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available to them.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the filing of a charge‑sheet?
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6186 of 2023
Monu @ Munendra Upadhyay
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shivam Singh, Ulajhan Singh Bind
Counsel for Respondent(s) : G.A., Nagendra Kumar Singh
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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