Allahabad High Court
USMANversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed as the charge-sheet had already been filed, rendering the challenge to the FIR untenable.
Summary
Usman filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against him. The petition was heard in the revised list with no petitioner present, while the State's AGA was present. The court noted that the charge-sheet in the case had already been filed, as per a report from the Director General of Police's Legal Cell dated 16-04-2026. Since the charge-sheet was on record, the court held that the writ petition challenging the FIR could not be entertained. Consequently, the petition was dismissed and the petitioner was directed to seek any other remedy available under law.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR is maintainable after the charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18300 of 2025
Usman
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Danish
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 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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