Allahabad High Court
DHARMENDRA KUMAR PALversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioner, Dharmendra Kumar Pal, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. The State, represented by the Assistant Government Advocate, submitted an office report dated 5 May 2026 indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR untenable at this stage. Consequently, the judges held that the writ petition could not be entertained and ordered it to be dismissed. The petitioners were directed to seek any other legal remedy that may be available to them.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge‑sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7500 of 2025
Dharmendra Kumar Pal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manvendra Narain Pathak
Counsel for Respondent(s) : G.A., Navaneet Kumar Shukla,
Ravindra Kumar Chauhan
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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