Allahabad High Court
RAMNATHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR is not maintainable after the charge-sheet has been filed and is dismissed.
Summary
The petitioner 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 indicating that the charge-sheet had already been filed. The Court noted that the filing of a charge-sheet signifies that the investigation is complete and the FIR issue is no longer maintainable. Consequently, the Court held that the writ petition could not be entertained as it sought to challenge the FIR after the charge-sheet was filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge-sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7278 of 2025
Ramnath
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradyumn Kumar
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 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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