Allahabad High Court
ANIL KUMAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of the charge-sheet renders the challenge to the FIR untenable.
Summary
The petitioners Anil Kumar and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that the charge-sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge-sheet was on record, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record. The petitioners were directed to seek 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. - 6337 of 2022
Anil Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sachin Kanaujiya
Counsel for Respondent(s) : G.A., Pradeep Kumar Mishra
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
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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