Allahabad High Court
CONSTABLE DRIVER AMJAD KHANversusState of UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once a charge sheet has been filed.
Summary
Constable Driver Amjad Khan filed a criminal miscellaneous writ petition challenging the FIR against him. The petition was heard in the revised call with no petitioner present, while the State was represented by an AGA. The court noted that a charge sheet had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not proceed. Consequently, the petition was dismissed and the petitioner was directed to seek any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21494 of 2024
Constable Driver Amjad Khan
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bharat Singh
Counsel for Respondent(s) : Rahul Saxena, 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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