Allahabad High Court
SHEKHAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is dismissed when a charge-sheet has already been filed, as the matter is no longer maintainable before the court.
Summary
The petitioners, Shekhar and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR filed against them. The State, represented by the Director General of Police, submitted a report indicating that a charge-sheet had already been filed on May 5, 2026. The Court noted that the filing of a charge-sheet rendered the challenge to the FIR moot. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other legal remedy available. No substantive hearing on the merits of the FIR was conducted as the petition was dismissed on procedural grounds.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a 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. - 7243 of 2023
Shekhar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Onkar Nath
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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