Allahabad High Court
BRAJESH KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once a charge-sheet has been filed.
Summary
Petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR. The State submitted a report indicating that a charge-sheet had already been filed. The Court observed that since the charge-sheet was on record, the FIR could not be quashed by the writ petition. Consequently, the petition was dismissed and consigned to the record. The petitioners were directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after a charge-sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- section 482
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7486 of 2022
Brajesh Kumar And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Kumar, Sanjay Kr.
Srivastava
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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