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Allahabad High Court

TALIB AND ANOTHERversusState of UP AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge sheet precludes a challenge to the FIR.

Summary

The petitioners, Talib and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 22 April 2026 indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. The decision underscores that once a charge sheet is filed, challenges to the FIR via writ are not maintainable.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21377 of 2024

                                    Talib And Another
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State Of Up And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Niklank Kumar Jain
                                    Counsel for Respondent(s)                       :   G.A., Marjeet Mishra

                                    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 22.4.2026 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
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad


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