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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