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Allahabad High Court

SHAHRUKH @ SHAHRUKH NIREMAN AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed and must be dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The court examined an office report dated 22‑04‑2026 which confirmed that the charge‑sheet in the matter had already been filed by the Director General of Police, U.P. Since the charge‑sheet was on record, the court held that the petition, which sought to contest the FIR, was premature and could not be entertained. Consequently, the writ petition was dismissed and consigned to the record. The court directed the petitioners to pursue any other remedy available under law. No substantive merits of the FIR were examined as the petition was dismissed on procedural grounds.

Issues considered

  • Whether a writ petition challenging an FIR is maintainable after the charge‑sheet has been filed

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • High Court
  • dismissal
  • preliminary objection

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 21480 of 2025

                                    Shahrukh @ Shahrukh Nireman And 4 Others
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Faizan Siddiqui
                                    Counsel for Respondent(s)           :   A.Z.Khan, G.A., Mohammad Asif, Najakat
                                                                            Ali

                                    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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