Allahabad High Court
PRAVEESH KUZHIPALLYversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
A writ petition challenging an FIR must be dismissed once a charge‑sheet has been filed.
Summary
Praveesh Kuzhipally filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR registered against him. The State of Uttar Pradesh and four others filed a charge‑sheet, and the Legal Cell of the Director General of Police confirmed its filing on 11‑May‑2026. The petition was listed in the revised list, but the petitioner was absent while the State’s AGA was present. The Court observed that once a charge‑sheet has been filed, the FIR cannot be quashed by a writ petition. Consequently, the Court dismissed the petition and consigned it to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge‑sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9013 of 2023
Praveesh Kuzhipally
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Himanshu Mishra, Sr. Advocate
Counsel for Respondent(s) : G.A., Vineet Pandey
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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