Allahabad High Court
AMIT PRATAP @ AMIT PRATAP SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners Amit Pratap challenged the registration of the FIR filed against them before the Allahabad High Court. The State, represented by the learned Additional 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. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR in a writ petition untenable. Consequently, the Court held that the writ petition could not proceed and ordered its dismissal. The petitioners were directed to seek any other appropriate legal remedy, if available.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7511 of 2023
Amit Pratap @ Amit Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhirendra Singh, Ramesh Chandra
Yadav
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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