Allahabad High Court
NASIR HUSSAINversusState of UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge sheet has been filed, and therefore must be dismissed.
Summary
The petitioners, represented by counsel Brijesh Kumar Pandey, filed a criminal miscellaneous writ petition challenging the registration of an FIR against them. The State, represented by G.A., submitted an office report dated 22 April 2026 indicating that the charge sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet rendered the challenge to the FIR moot, as the investigation had progressed to the stage of formal charges. Consequently, the Court held that the writ petition could not be entertained and should be dismissed. The petitioners were directed to seek any other legal remedy that may be available to them.
Issues considered
- The writ petition challenging the FIR is maintainable after the filing of a charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21388 of 2024
Nasir Hussain
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Pandey
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 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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