Allahabad High Court
RAM ASHISHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge-sheet precludes a challenge to the FIR.
Summary
The petitioner filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the learned Additional Government Advocate, submitted an office report dated 05.05.2026 indicating that the charge-sheet had already been filed. The Court noted that the filing of a charge-sheet renders a challenge to the FIR untenable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioner to seek any other remedy available under law. No further arguments were heard as the petitioner’s counsel was 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. - 7192 of 2023
Ram Ashish
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar, Jagdish Narayan
Tripathi, Utsav
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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