Created by Fuzzy Cloud

Allahabad High Court

ANUJ KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.

Summary

The petitioners Anuj Kumar and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that the charge‑sheet had already been filed by the Director General of Police, U.P. The Court observed that once a charge‑sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and directed that it be consigned to the record, while noting that the petitioners could pursue any other remedy available under law.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the 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. - 641 of 2025

                                    Anuj Kumar And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)         : Beerendra Singh Pal, Manoj Kumar
                                                                        Keshari
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.