Allahabad High Court
PAVAN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as it was not maintainable after the charge-sheet was filed.
Summary
The petitioner, Pavan Kumar, filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The State, represented by the Assistant Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 5 May 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 merely questioning 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 remedy available under law.
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
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7419 of 2023
Pavan Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avinash Mani Tripathi
Counsel for Respondent(s) : G.A., Pushpendra Singh
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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