Allahabad High Court
ZULFUKAR AHMAD AND ANOTHERversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as the charge sheet had already been filed.
Summary
The petitioners Zulfukar Ahmad and another filed a criminal miscellaneous writ petition challenging the FIR filed against them. The State, represented by the Additional Government Advocate, submitted an office report indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. The decision reflects the principle that once a charge sheet is filed, challenges to the FIR via writ are not maintainable.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the filing of a charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21587 of 2024
Zulfukar Ahmad And Another
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mithilesh Kumar Tiwari
Counsel for Respondent(s) : Durgvijay Singh, Nasir Hussain, 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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