Allahabad High Court
HARENDRA SINGH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR filed against them. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed in the case. 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. The petitioners were advised to seek any other legal remedy that may be available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a 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. - 9266 of 2022
Harendra Singh And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahipal Singh
Counsel for Respondent(s) : G.A., Irfan Ahmad Malik
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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