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Allahabad High Court

NAUSHAD KHAN AND 3 OTHERSversusTHE STATE OF UP AND 2 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.

Summary

The petitioners, Naushad Khan and three others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Advocate General, opposed the petition. 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 dated 22 April 2026. Since the filing of a charge sheet indicates that the investigation had progressed beyond the preliminary stage, the court held that a writ petition seeking to quash the FIR was no longer maintainable. Consequently, the court dismissed the petition and directed the petitioners to seek any other appropriate remedy under law.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21698 of 2025

                                    Naushad Khan And 3 Others
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    The State Of Up And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Ashvani Kumar Tiwari
                                    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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