Allahabad High Court
LAVKUSH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition seeking to quash an FIR is not maintainable once the police have filed a charge‑sheet.
Summary
Lavkush and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR registered against them. The petition was listed in the revised list; the petitioners were absent while the State's Additional Government Advocate was present. The court examined an office report dated 5 May 2026 indicating that the police had already filed a charge‑sheet. Because the charge‑sheet was on record, the court held that the petition, which sought to quash the FIR, was premature and could not be entertained. Accordingly, the writ petition was dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained 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. - 7398 of 2025
Lavkush And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Upadhyay, Manoj
Kumar Dubey, Vipul Kumar Dubey
Counsel for Respondent(s) : Sunil Kumar Misra, 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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