Allahabad High Court
SANJAY KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge-sheet has been filed.
Summary
The petitioner, Sanjay Kumar, filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The petition was heard in the Allahabad High Court, with counsel for the petitioner absent and the State represented by the learned Additional Government Advocate. The court noted that the charge-sheet in the case had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Director General of Police dated 5 May 2026. Since the charge-sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available.
Issues considered
- What is the appropriate remedy for challenging an FIR when a charge-sheet has already been filed?
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7504 of 2023
Sanjay Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Chandra Gupta 2
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 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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