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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