Allahabad High Court
SHAMBHU NATH RAI AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet precludes the challenge to the FIR.
Summary
Petitioners Shambhu Nath Rai and others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge-sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the registration of an FIR is maintainable after a charge-sheet has been filed.
Subjects
- Criminal Procedure Code
- FIR
- Writ Petition
- Charge Sheet
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7348 of 2023
Shambhu Nath Rai And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Prabodh Dubey
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
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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