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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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