Allahabad High Court
KAILASH AND 3 OTHERSversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the charge-sheet had already been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned 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 Director General of Police, Uttar Pradesh. The Court examined the report and 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 a direction that the petitioners may pursue any other legal remedy available to them.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- dismissal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7264 of 2025
Kailash And 3 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Prabodh Dubey, Om Prakash
Counsel for Respondent(s) : G.A., Sarvesh Chaubey
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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