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Allahabad High Court

DHARMRAJversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition challenging the FIR was dismissed as it was not maintainable after the filing of the charge-sheet.

Summary

Dharmraj filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. The petition was filed after the police had already filed a charge-sheet, as indicated by a report from the Legal Cell of the Director General of Police, U.P. No petitioner appeared before the court, while the learned Additional Government Advocate represented the State. The court observed that since the charge-sheet had been filed, the FIR was already under judicial scrutiny and a writ petition could not be entertained to contest it. Consequently, the court dismissed the petition and directed the petitioner to seek any other appropriate legal remedy. The dismissal was recorded as a consignment to the record.

Issues considered

  • What is the maintainability of a writ petition challenging an FIR after a charge-sheet has been filed?

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 7366 of 2025

                                    Dharmraj
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           : Buddha Prakash, Sushil Kumar (Ii)
                                    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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