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Allahabad High Court

SHIVAM @ SHIVAM YADAV AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge-sheet precludes further challenge to the FIR before the High Court.

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 dated 11 May 2026 indicating that a charge-sheet had already been filed in the matter. 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 remedy available under law. The decision was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on 12 May 2026.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the filing of a charge-sheet

Subjects

  • Criminal Procedure Code
  • FIR
  • Charge-sheet
  • Writ Petition
  • High Court
  • Dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 9046 of 2023

                                    Shivam @ Shivam Yadav And 3 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                      :    Shiv Kumar Yadav
                                    Counsel for Respondent(s)                      :    G.A.

                                    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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