Allahabad High Court
DEEP NARAYAN YADAV AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 5 May 2026 indicating that the charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge-sheet was on record, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, while noting that the petitioners could pursue any other legal remedy available. The dismissal was based on the principle that once a charge-sheet is filed, the FIR cannot be contested through a writ petition.
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. - 7236 of 2022
Deep Narayan Yadav And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Yadav
Counsel for Respondent(s) : G.A., Narendra Kumar
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 5.5.2026 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
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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