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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