Allahabad High Court
ISHWAR CHNADRA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition seeking to quash an FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioners, Ishwar Chandra and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 5 May 2026 indicating that the police had already filed a charge‑sheet in the matter. The Court noted that once a charge‑sheet is filed, the FIR is no longer a live subject for judicial interference under the ordinary writ jurisdiction. Consequently, the Court held that the writ petition, which sought to quash the FIR, could not be entertained. The petition was therefore 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 the registration of an FIR can be entertained after a charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- judicial review
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 745 of 2025
Ishwar Chnadra And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Dubey
Counsel for Respondent(s) : G.A., Mahendra Pratap Yadav
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
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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