Allahabad High Court
SUHAIL AHMAD AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once a charge-sheet has been filed, and therefore must be dismissed.
Summary
The petitioners Suhail Ahmad and three others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Assistant Government Advocate, submitted an office report dated 16 April 2026 indicating that the charge-sheet in the case had already been filed by the Director General of Police, U.P. The Court noted that the filing of a charge-sheet demonstrates that the investigation had progressed beyond the preliminary stage of the FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable once a charge-sheet is on record. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. The decision underscores the principle that challenges to an FIR are generally not entertained after the filing of a charge-sheet.
Issues considered
- Whether a writ petition challenging the 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. - 18229 of 2025
Suhail Ahmad And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Kumar Singh
Counsel for Respondent(s) : G.A., Saiyad Iqbal Ahmed
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 16.04.2026 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 20, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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