Allahabad High Court
SOHAN SINGH ALIAS SONU THAKUR AND ANOTHERversusSTATE 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, Sohan Singh alias Sonu Thakur and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the 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 noted that the filing of a charge‑sheet indicates that the investigation had progressed beyond the stage of merely filing an FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after a charge‑sheet is filed. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other appropriate remedy under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable 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. - 7184 of 2025
Sohan Singh Alias Sonu Thakur And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kant Yadav, Vimal Kumar
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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