Allahabad High Court
KHURSHIDversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the charge sheet had already been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet in the matter had already been filed. The Court noted that the filing of the charge sheet rendered the challenge to the FIR moot. Consequently, the Court held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21459 of 2025
Khurshid
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Singh
Counsel for Respondent(s) : G.A., Prateek Rai, Thakur Prasad Dubey
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.
April 23, 2026
vijay krishna
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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