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Allahabad High Court

SUSHIL KUMAR VARMA AND 9 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed because the filing of a charge-sheet precludes the maintenance of a petition challenging the FIR.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed by the Director General of Police, U.P. The Court noted that the filing of a charge-sheet signifies that the investigation had progressed beyond the preliminary stage of the FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after a charge-sheet is filed. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. No substantive hearing on the merits of the FIR was conducted as the petition was dismissed on procedural grounds.

Issues considered

  • Whether a writ petition challenging the 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. - 6229 of 2025

                                    Sushil Kumar Varma And 9 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Nirbhay Singh
                                    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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