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Allahabad High Court

ZAMIR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge sheet precludes a challenge to the FIR.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge sheet had already been filed. The Court noted that the filing of a charge sheet renders a challenge to the FIR untenable. Consequently, the Court held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other legal remedy that may be available.

Issues considered

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

Subjects

  • FIR
  • charge sheet
  • writ petition
  • maintainability
  • criminal procedure
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21494 of 2025

                                    Zamir And 4 Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Otthers
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)       : Bindeshwari Prasad, Mahendra Pratap
                                                                      Singh
                                    Counsel for Respondent(s)       : 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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