Allahabad High Court
KULDEEP SINGH CHAUHAN AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge-sheet bars the High 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 Additional Government Advocate, submitted an office report dated 11 May 2026 indicating that a charge-sheet had already been filed in the case. The Court observed that once a charge-sheet is filed, the FIR issue is no longer maintainable before the High Court. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other appropriate remedy under law. No substantive examination of the FIR’s legality was undertaken as the procedural bar was deemed complete.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- charge-sheet
- writ petition
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9042 of 2023
Kuldeep Singh Chauhan And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradip Kumar Srivastava, Shailesh
Singh Yadav
Counsel for Respondent(s) : G.A., Irshad Ahmad
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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