Allahabad High Court
KIRAN VERMA AND 7 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, through the learned 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 once a charge‑sheet is filed, the FIR is no longer a live subject of judicial review in a writ petition. Consequently, the Court held that the petition, which sought to contest the FIR, could not proceed. The writ petition was therefore dismissed and consigned to the record, with the petitioners directed to pursue 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
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6414 of 2023
Kiran Verma And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akshat Sinha, Chhaya Gautam,
Sanyukta Singh
Counsel for Respondent(s) : G.A., Utkarsh Khanna
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 04.05.2026 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
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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