Allahabad High Court
MOHD. ASIM AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners, Mohd. Asim and seven others, filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, appeared before the bench. The court noted that the charge sheet in the matter had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. Since the charge sheet was on record, the petition, which sought relief against the FIR, was deemed premature. Consequently, the court dismissed the writ petition and directed the petitioners to pursue any other legal remedies available to them.
Issues considered
- Whether a writ petition challenging an FIR can be entertained 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. - 21673 of 2025
Mohd. Asim And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Srivastava, Ch. Dil Nisar
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 22.4.2026 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
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
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