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Allahabad High Court

SACHIN AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed because the filing of a charge-sheet precludes a challenge to the FIR.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 5 May 2026 indicating that a charge-sheet had already been filed in the matter. The Court noted that the filing of a charge-sheet renders a challenge to the FIR untenable at this stage. Consequently, the judges held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other legal remedy that may be available to them.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed

Subjects

  • Criminal Procedure Code
  • FIR
  • Charge-sheet
  • Writ Petition
  • High Court
  • Dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 7233 of 2023

                                    Sachin And 4 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                            :    Wahid Jamal
                                    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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