Allahabad High Court
MAHTAB ALI AND 4 OTHERSversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the charge sheet has already been filed, making the challenge to the FIR impermissible.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted a report indicating that the charge sheet had already been filed. The Court noted that the filing of the charge sheet rendered the challenge to the FIR untenable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. No substantive examination of the FIR's validity was undertaken as the procedural stage had progressed beyond the point of filing a writ.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the charge sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21473 of 2024
Mahtab Ali And 4 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Danish, Rajiv Sisodia
Counsel for Respondent(s) : Adil Khan, 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 22.04.2026 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 23, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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