Allahabad High Court
PUSHPA AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet renders the challenge to the FIR non-maintainable.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that a charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge-sheet was filed, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other remedy available under law. No substantive examination of the FIR's legality was undertaken.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6348 of 2022
Pushpa And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rupendra Kumar 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
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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