Allahabad High Court
SANDEEP TIWARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioner, Sandeep Tiwari, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The High Court noted that the filing of a charge‑sheet renders a challenge to the FIR untenable at this stage. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, while informing the petitioner that he may pursue any other legal remedy available. No substantive examination of the FIR’s validity was undertaken as the procedural step of filing the charge‑sheet had been completed.
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
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8982 of 2023
Sandeep Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Nand Rai, Vijay Anand Rai
Counsel for Respondent(s) : G.A., Vikas Tripathi
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Instructions filed by learned A.G.A., be kept on record.
2. Case is taken up in the revised list. No one is present for the petitioner (s).
Learned AGA is present for the State.
3. 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."
4. 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.
5. The writ petition is, accordingly, dismissed. The petitioner (s) may avail
such remedy as might be available under law.
May 12, 2026
AKT
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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