Allahabad High Court
BOBY AND ANOTHERversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR cannot be entertained after a charge-sheet has been filed and must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The petition was filed after the police had already filed a charge-sheet, as confirmed by a report from the Legal Cell of the Director General of Police, Uttar Pradesh. No petitioner appeared before the court, while the learned Additional Government Advocate represented the State. The court held that once a charge-sheet is filed, the FIR can no longer be quashed through a writ petition and the petition must be dismissed. Consequently, the writ petition was dismissed and consigned to the record, with the petitioners directed to seek any other remedy available under law.
Issues considered
- What is the propriety of entertaining a writ petition challenging an FIR after the filing of a charge-sheet?
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7124 of 2025
Boby And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar Singh
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 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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