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Allahabad High Court

VIPIN KUMAR VERMA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge‑sheet precludes further challenge to the FIR before this Court.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 5 May 2026 indicating that a charge‑sheet had already been filed in the matter. The Court observed that once a charge‑sheet is filed, the FIR issue is no longer maintainable before this Court. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other remedy available under law. No substantive examination of the FIR’s legality was undertaken.

Issues considered

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

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 7074 of 2023

                                    Vipin Kumar Verma And 2 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                         :    Utkarsh Khanna
                                    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 5.5.2026 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 7, 2026
                                    safi




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad


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