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Allahabad High Court

SAFI ULLAH @ NANKAU AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR cannot be entertained once the charge sheet has been filed and must be dismissed.

Summary

Petitioners Safi Ullah and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State submitted a charge sheet on 22 April 2026, as reflected in the legal cell’s report. The Court observed that the filing of the charge sheet indicated that the investigation had progressed beyond the stage of the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, could not be entertained at this stage. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available to them.

Issues considered

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

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21699 of 2025

                                    Safi Ullah @ Nankau And Another
                                                                                                       .....Petitioner(s)
                                                                           Versus

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

                                    Counsel for Petitioner(s)          : Akanksha            Srivastava,         Quazi
                                                                         Mohammad             Akaram,         Ziauddin
                                                                         Farooqui
                                    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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