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Allahabad High Court

RAKESH SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition challenging the FIR was dismissed because the charge-sheet had already been filed.

Summary

Petitioner Rakesh Singh filed a criminal miscellaneous writ petition challenging the FIR filed against him. The petition was heard in the revised list with no petitioner present, while the State's Additional Government Advocate was present. The court noted that the charge-sheet had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Director General of Police. Since the charge-sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not proceed. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the charge-sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 6451 of 2025

                                    Rakesh Singh
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)            :    Ram Om Vikram Singh Chauhan
                                    Counsel for Respondent(s)            :    C.S.C.

                                    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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