Allahabad High Court
ARJUN PRASAD AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioners Arjun Prasad and three others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Assistant Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 11 May 2026 from the Legal Cell of the Director General of Police, U.P. The Court examined the report and noted that the filing of a charge-sheet indicates that the investigation had progressed beyond the preliminary stage of the FIR. Consequently, the Court held that a writ petition cannot be entertained to contest the FIR once a charge-sheet is on record. The petition was therefore dismissed and consigned to the record. The petitioners were directed to seek any other legal remedy that may be available to them.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8976 of 2023
Arjun Prasad And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alauddin, Fakhruddin
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 11.05.2026 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 12, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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