Allahabad High Court
AMARJIT NISHADversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR is not maintainable after the charge‑sheet has been filed, and the petition is dismissed.
Summary
Amarjit Nishad filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted an office report indicating that a charge‑sheet had already been filed against the petitioner. The Court observed that once a charge‑sheet is filed, the FIR is no longer amenable to judicial scrutiny under a writ petition. Consequently, the Court dismissed the petition and directed the petitioner to seek any other remedy available under law. The petition was therefore consigned to the record.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR is maintainable after a 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. - 642 of 2023
Amarjit Nishad
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Prabodh Dubey
Counsel for Respondent(s) : G.A., Kumar Ashutosh Srivastava,
Nagendra Pratap Singh
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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