Allahabad High Court
KAMLESH KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as the charge‑sheet had already been filed.
Summary
The petitioner filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The State, represented by the Additional Government Advocate, submitted an office report indicating that a charge‑sheet had already been filed in the case. The Court observed that once a charge‑sheet is filed, the FIR issue is no longer maintainable before the High Court. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioner to seek any other remedy available under law. No substantive examination of the FIR’s legality was undertaken.
Issues considered
- What is the maintainability of a writ petition challenging an FIR after a charge‑sheet has been filed?
Subjects
- writ petition
- FIR
- charge sheet
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7147 of 2025
Kamlesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Indu Shekhar Mishra, Smita Ojha
Counsel for Respondent(s) : Chandan 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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