Allahabad High Court
DHARMENDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge‑sheet precludes a challenge to the FIR.
Summary
The petitioner Dharmendra filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the Advocate General, submitted an office report dated 4 May 2026 indicating that a charge‑sheet had already been filed in the case. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR untenable. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- The writ petition challenging the FIR is maintainable after a charge‑sheet has been filed.
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6250 of 2022
Dharmendra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Kumar Panday, Santoosh
Kumar Dwivedi
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
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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