Allahabad High Court
SHASHI DUBEY AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioners, Shashi Dubey and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted that the charge‑sheet in the matter had already been filed, as per the report dated 11‑May‑2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court observed that once a charge‑sheet is filed, the investigation is concluded and a writ petition seeking to quash the FIR is no longer maintainable. Consequently, the Court dismissed the petition and directed that it be consigned to the record. The petitioners were advised that they may pursue any other remedy available under law.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR is maintainable after the charge‑sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9231 of 2023
Shashi Dubey And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Prakash Singh
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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