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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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