Allahabad High Court
SANTOSH YADAV AND ANOTHERversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge-sheet has been filed.
Summary
The petitioners, Santosh Yadav and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Advocate General, appeared before the court while the petitioners were absent. The court noted that the charge-sheet had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Director General of Police dated 4 May 2026. Since the charge-sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not proceed. Consequently, the petition was dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge-sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6315 of 2025
Santosh Yadav And Another
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Balram Mishra
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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