Created by Fuzzy Cloud

Allahabad High Court

JITENDRA PAL SINGH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and such petition must be dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 11 May 2026 indicating that the police had already filed a charge‑sheet. The Court noted that the filing of a charge‑sheet signifies the completion of the investigation and that the petition sought to contest the FIR after this stage. Consequently, the Court held that the writ petition was premature and could not be entertained. The petition was therefore dismissed and consigned to the record, with the petitioners directed to pursue any other remedy available under law.

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 Code
  • High Court
  • pre‑investigation stage

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 9088 of 2023

                                    Jitendra Pal Singh And 4 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)         : Daksha Yadav,            Shailesh     Kumar
                                                                        Srivastava
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.