Allahabad High Court
ASIF NASEEMversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of the charge sheet precludes any challenge to the FIR through a writ.
Summary
The petitioner Asif Naseem filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that since the charge sheet was on record, the petition seeking to quash the FIR could not be entertained. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioner to seek any other legal remedy available. The dismissal was based on the procedural principle that once a charge sheet is filed, the FIR cannot be challenged through a writ petition.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the 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. - 17811 of 2025
Asif Naseem
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : D.M.Tripathi
Counsel for Respondent(s) : Mohd. Imran, Syed Safdar Ali Kazmi,
G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case is taken up in the revised call. No one is present for the
petitioner(s). Learned AGA is present for the State.
2. We have perused the office report dated 22.04.2026 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.)
April 23, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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