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Allahabad High Court

MANJEET SINGH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is not maintainable after the filing of a charge-sheet and is dismissed.

Summary

The petitioners, Manjeet Singh and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Advocate General, submitted an office report dated 04.05.2026 indicating that a charge-sheet had already been filed in the matter. The Court observed that once a charge-sheet is filed, the FIR is no longer a live subject for judicial scrutiny under a writ petition. Consequently, the Court held that the petition was not maintainable and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.

Issues considered

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

Subjects

  • writ petition
  • FIR
  • charge-sheet
  • maintainability
  • criminal procedure
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 6258 of 2023

                                    Manjeet Singh And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                     :   Arvind Prabodh Dubey
                                    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 04.05.2026 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
                                    S.K.S.




Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad


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