Allahabad High Court
RAKESH SHARMA AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge‑sheet has been filed, and such petition must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, through the Additional Government Advocate, submitted that a charge‑sheet had already been filed, as per a report dated 4 May 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The court examined whether a writ petition could be entertained to contest an FIR after the filing of a charge‑sheet. It held that the filing of the charge‑sheet rendered the petition premature and without merit, as the remedy sought was no longer available. Consequently, the court dismissed the petition and consigned it to the record, directing the petitioners to pursue any other legal remedy that may exist. The decision underscores that challenges to an FIR must be raised before the charge‑sheet is filed.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR can be entertained after a charge‑sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 632 of 2023
Rakesh Sharma And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajatshatru Pandey
Counsel for Respondent(s) : G.A., Ravindra Prakash Srivastava
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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