Allahabad High Court
DEEPAK SHARMA AND 8 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR cannot be entertained once a charge‑sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR. The court examined a report dated 05‑05‑2026 indicating that the police had already filed a charge‑sheet. On the basis that the charge‑sheet was filed, the court held that the writ petition challenging the FIR was not maintainable. Accordingly, the petition was dismissed and consigned to the record. The petitioners were directed to pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the filing of a charge‑sheet?
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7138 of 2025
Deepak Sharma And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sr. Advocate, Vaibhav Shandilya
Counsel for Respondent(s) : G.A., Mahesh Kumar
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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