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Allahabad High Court

DINESH MAURYA AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition challenging the FIR is dismissed because the charge‑sheet has already been filed.

Summary

Petitioners Dinesh Maurya and others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge‑sheet had already been filed. The Court observed that once a charge‑sheet is filed, a writ petition seeking to quash the FIR is not maintainable. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge‑sheet has been filed
  • Whether the absence of petitioners at the hearing affects the disposition of the writ petition

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 8983 of 2023

                                    Dinesh Maurya And 4 Others
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    State Of U.P. And 2 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)          : Chandra Prakash Pandey, Mohd. Azam
                                    Counsel for Respondent(s)          : G.A.

                                    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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