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Allahabad High Court

MUBARAKversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge sheet has been filed, and therefore must be dismissed.

Summary

The petitioner, Mubarak, filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The petition was heard in the revised call before a two‑judge bench of the Allahabad High Court, with no petitioner counsel appearing and the State represented by an Additional Government Advocate. The court noted that the charge sheet in the case had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh dated 22 April 2026. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the bench dismissed the petition and directed that it be consigned to the record, while indicating that the petitioner could pursue any other legal remedy available.

Issues considered

  • The writ petition challenging the FIR is maintainable after the filing of a charge sheet

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21591 of 2024

                                    Mubarak
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)         : Akhilesh Kumar Yadav, Shyam Lal
                                    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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