Allahabad High Court
ASGAR HUSAINversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners, Asgar Husain, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Additional Government Advocate, submitted that a charge sheet had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Director General of Police, U.P. The Court examined the report and noted that the filing of a charge sheet indicated that the investigation had progressed beyond the stage of the FIR. Consequently, the Court held that a writ petition seeking to quash the FIR could not be entertained after the charge sheet was filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after a charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21458 of 2025
Asgar Husain
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Alam, Mushir 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 call. No one is present for the
petitioners. Learned AGA is present for the State.
2. We have perused the office report dated 22.04.2026 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 petitioners may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 23, 2026
vijay krishna
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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