Allahabad High Court
SANJAY SINGH SENGARversusSTATE 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 petitioners Sanjay Singh Sengar filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 5 May 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court examined the report and noted that the filing of a charge-sheet indicates that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable once a charge-sheet is on record. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. The decision underscores the principle that procedural challenges to an FIR must be raised before the filing of a charge-sheet.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- maintainability
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7086 of 2025
Sanjay Singh Sengar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Birendra Singh, Swati Singh
Counsel for Respondent(s) : Dharmendra Pratap Singh, 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 05.05.2026 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 7, 2026
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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