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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