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Allahabad High Court

JITENDRA SINGH YADAV AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once a charge‑sheet has been filed.

Summary

The petitioners Jitendra Singh Yadav and two others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted 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. The Court noted that the filing of a charge‑sheet indicated that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the petition, which sought to contest the FIR, was no longer maintainable. The writ petition was therefore dismissed and consigned to the record, with the petitioners directed to pursue any other legal remedy available to them.

Issues considered

  • Whether a writ petition challenging the FIR is maintainable after a charge‑sheet has been filed

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • high court
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 6189 of 2022

                                    Jitendra Singh Yadav And 2 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)         : Pankaj Kumar, Sahibe Alam
                                    Counsel for Respondent(s)         : G.A., Praveen Kumar Tripathi, Saroj
                                                                        Kashyap

                                    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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