Allahabad High Court
ANURAG BHARDWAJ AND 4 OTHERSversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable 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 FIR registered against them. The Court examined a report dated 4 May 2026 indicating that the police had already filed a charge‑sheet in the matter. Since the charge‑sheet was on record, the petition’s challenge to the FIR was considered premature and not maintainable. The Court therefore dismissed the writ petition and consigned it to the record, directing the petitioners to pursue any other legal remedy available. The dismissal underscores that once a charge‑sheet is filed, an FIR cannot be contested through a writ petition.
Issues considered
- Whether a writ petition challenging an FIR is maintainable 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. - 620 of 2023
Anurag Bhardwaj And 4 Others
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Karan Nath
Counsel for Respondent(s) : 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
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