Allahabad High Court
SHASHANK KUMAR YADAV AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge-sheet precludes the court from entertaining a challenge to the FIR.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed in the case. The High Court observed that once a charge-sheet is filed, the FIR issue is no longer maintainable before the court. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other appropriate remedy. The dismissal was recorded on May 12, 2026.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the 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. - 9033 of 2023
Shashank Kumar Yadav And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Diwan Saifullah Khan, Shama Parveen
Counsel for Respondent(s) : G.A., Hem Pratap Singh
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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