Allahabad High Court
SUKHPAL @ SUKHLAL AND 10 OTHERSversusSTATE OF U.P. AND 2 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. 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, Uttar Pradesh. The Court observed that once a charge-sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and directed that it be consigned to the record, allowing the petitioners to seek any other legal remedy available. The dismissal 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 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. - 9166 of 2023
Sukhpal @ Sukhlal And 10 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijaya Shankar Shukla
Counsel for Respondent(s) : C.S.C.
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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