Allahabad High Court
MOHIT @ MORDHWAJ AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet makes the challenge to the FIR untenable.
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 noted that the filing of a charge-sheet renders the challenge to the FIR moot and that the petition was not maintainable at this stage. Consequently, the Court dismissed the writ petition and consigned it to the record. The petitioners were directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9143 of 2023
Mohit @ Mordhwaj And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandan Singh
Counsel for Respondent(s) : Akhilesh Srivastava, G.A., Saksham
Srivastava
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 11.5.2026 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
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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