Allahabad High Court
GOLU @ PRADEEP AND 2 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioners Golu @ Pradeep and two others filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, appeared before the bench. The court examined an office report dated 5 May 2026 indicating that the charge-sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. Since the charge-sheet was on record, the court held that the petition, which sought to contest the FIR, was no longer maintainable. Consequently, the writ petition was dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. The decision was delivered by Hon'ble Justices 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
- dismissal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7396 of 2025
Golu @ Pradeep And 2 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Rai, Anurag Tiwari
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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