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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