Allahabad High Court
VISHANT KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge-sheet has been filed.
Summary
The petitioner Vishant Kumar filed a criminal miscellaneous writ petition challenging the FIR filed against him. The petition was heard in the revised list with no petitioner present, while the State's Additional Government Advocate was present. The court noted that the charge-sheet had already been filed, as per a report dated 11 May 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge-sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not proceed. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge-sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9182 of 2023
Vishant Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Irshad Ahmad
Counsel for Respondent(s) : G.A., Zafeer Ahmad
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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