Allahabad High Court
ATUL TIWARI AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge-sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that the charge-sheet had already been filed. The Court noted that the filing of a charge-sheet renders a challenge to the FIR via writ untenable. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other appropriate remedy under law. No substantive examination of the FIR's validity was undertaken.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the 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. - 7404 of 2023
Atul Tiwari And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Mishra, Meenu Shukla
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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