Allahabad High Court
FAIZ KHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge-sheet made the challenge to the FIR untenable.
Summary
The petitioner, Faiz Khan, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed on 5 May 2026. The Court noted that the filing of a charge-sheet rendered the challenge to the FIR moot. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioner to seek any other remedy available under law. No substantive examination of the FIR's validity was undertaken as the procedural step of filing the charge-sheet was deemed sufficient to dispose of the petition.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 11002 of 2025
Faiz Khan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Araf Khan, Tauseef Khan
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 5.5.2026 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 7, 2026
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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