Allahabad High Court
ROOP KISHORE AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet precludes challenging the FIR through a writ.
Summary
The petitioners filed a criminal miscellaneous writ petition 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 charge-sheet had already been filed by the Director General of Police, U.P. The High Court observed that once a charge-sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court held that the petition was premature and without merit. The petition was therefore dismissed and consigned to the record. The petitioners were directed to seek any other legal remedy available to them.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the 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. - 9119 of 2023
Roop Kishore And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikram Shah Sisodia
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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