Allahabad High Court
AMIT AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge‑sheet precludes a challenge to the FIR through a writ.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge‑sheet had already been filed. The Court noted that once a charge‑sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition as premature and directed the petitioners to seek any other appropriate remedy. The dismissal was ordered on May 7, 2026.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7434 of 2025
Amit And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Dwivedi, Kamlesh Kumar
Dwivedi
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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