Allahabad High Court
SIDDHARTH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge-sheet has been filed, and therefore must be dismissed.
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. The Court noted that the filing of the charge-sheet rendered the challenge to the FIR moot. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other legal remedy available. No substantive examination of the FIR’s legality was undertaken as the procedural stage had progressed beyond the petition’s scope.
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
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9174 of 2022
Siddharth And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ambrish Pandey, D.M.Tripathi
Counsel for Respondent(s) : G.A., Syed Mohammad Abbas Abdy
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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