Allahabad High Court
BABU SINGH AND 7 OTHERSversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the filing of a charge-sheet precludes such relief.
Summary
The petitioners 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 dated 4 May 2026 indicating that a charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge-sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, noting that the petitioners could seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6213 of 2024
Babu Singh And 7 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sharad Kumar Srivastava
Counsel for Respondent(s) : G.A., Nazia Nafees
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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