Allahabad High Court
HIMANSHU TRIWEDIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the charge‑sheet had already been filed.
Summary
The petitioner, Himanshu Triwedi, filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted that a charge‑sheet had already been filed, as per a report dated 11 May 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court examined the report and noted that the filing of a charge‑sheet indicates that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, could not be entertained after the charge‑sheet was filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after a charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9242 of 2023
Himanshu Triwedi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Srivastava
Counsel for Respondent(s) : G.A., Ramesh Pundir, Rekha Pundir
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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