Allahabad High Court
NAVEDA AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted an office report indicating that a charge-sheet had already been filed in the case. The Court noted that once a charge-sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other legal remedy available. No further hearing was conducted as the petitioners were absent.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge-sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7161 of 2025
Naveda And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Haya Rizvi, Ifra Fatima
Counsel for Respondent(s) : Sudhir Kumar Agarwal, 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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