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Allahabad High Court

RAMJAN ALI AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once the charge-sheet has been filed, and therefore must be dismissed.

Summary

The petitioners, Ramjan Ali and three others, filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 16 April 2026 indicating that the charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge-sheet renders a challenge to the FIR untenable at this stage of the proceedings. Consequently, the Court held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other legal remedy that may be available to them.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge-sheet has been filed

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 1846 of 2022

                                    Ramjan Ali And 3 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                       :    Mohd. Ibrar 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 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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