Allahabad High Court
RAKESH YADAVversusSTATE OF U P AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR cannot be entertained once a charge-sheet has been filed; it must be dismissed.
Summary
The petitioner filed a criminal miscellaneous writ petition challenging the registration of an FIR. The petition was heard in the revised list with no petitioner present, while the State's learned AGA appeared. The court noted that the charge-sheet in the case had already been filed, as per a report dated 11.05.2026 from the Legal Cell of the Director General of Police, U.P. Since the charge-sheet was on record, the court held that the writ petition, which sought to contest the FIR, was no longer maintainable. 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
- What is the appropriate remedy when a writ petition challenges an FIR after a charge-sheet has been filed?
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9088 of 2022
Rakesh Yadav
.....Petitioner(s)
Versus
State Of U P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Srivastava, Ch. Dil Nisar, Viresh
Kumar Yadav
Counsel for Respondent(s) : Dileep Kumar Yadava, 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
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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