Allahabad High Court
SHATRUGHNA SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once a charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioner Shatrughna Singh filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The State, represented by the learned Additional Government Advocate, submitted an office report dated 04.05.2026 indicating that a charge-sheet had already been filed by the police. The Court noted that the filing of a charge-sheet rendered the challenge to the FIR moot. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioner to seek any other legal remedy available. No further hearing was conducted as the petitioner was absent.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after a 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. - 6431 of 2023
Shatrughna Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Pundir, Satya Dheer Singh
Jadaun
Counsel for Respondent(s) : G.A., Nitin Sharma, Sarvesh Kumar
Dubey
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
Checking your session…