Allahabad High Court
BHOOP SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioner, Bhoop Singh, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against him. The State, represented by the Additional Government Advocate, submitted a report indicating that the charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. No petitioner counsel appeared before the court, while the State's counsel was present. The court examined the report and held that the filing of the charge-sheet rendered the challenge to the FIR untenable. Consequently, the writ petition was dismissed and consigned to the record, with a direction that the petitioner may 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
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6274 of 2023
Bhoop Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Gupta
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
Checking your session…