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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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