Allahabad High Court
ABHISHEK AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 04.05.2026 indicating that the charge‑sheet had already been filed. The Court noted that the filing of a charge‑sheet signifies that the investigation is complete and the FIR cannot be contested thereafter. Consequently, the Court held that the writ petition, which sought to quash the FIR, was untenable. The petition was therefore dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained 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. - 6302 of 2023
Abhishek And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Pratap Singh, Shaloo 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 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…