Allahabad High Court
ARVIND KUMAR SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge‑sheet has been filed, and therefore must be dismissed.
Summary
Arvind Kumar Singh filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. The petitioner was unrepresented at the hearing, while the State was represented by its Additional Government Advocate. The court noted, based on a report from the Legal Cell of the Uttar Pradesh Director General of Police, that a charge‑sheet had already been filed in the case. Holding that a writ petition cannot be entertained to contest an FIR once a charge‑sheet is on record, the court dismissed the petition and consigned it to the record. The petitioner was directed to pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the filing of a charge‑sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7291 of 2025
Arvind Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satya Prakash Singh
Counsel for Respondent(s) : G.A., Indradeep Dubey
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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