Allahabad High Court
DEVENDRA KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as it was not maintainable after the charge-sheet had been filed.
Summary
The petitioner, Devendra Kumar, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the Additional Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 05.05.2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court noted that the filing of a charge-sheet indicated that the investigation had progressed beyond the stage of the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, was no longer maintainable. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available. The decision was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on 7 May 2026.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7388 of 2023
Devendra Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Pratap Singh
Counsel for Respondent(s) : G.A., Mohd. Arshad
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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