Allahabad High Court
RIZWAN AHMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of the charge sheet precludes further challenge to the FIR through a writ.
Summary
The petitioner, Rizwan Ahmad, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The petition was heard in the revised call with no petitioner present, while the State was represented by the Additional Government Advocate. The court noted that the charge sheet in the case had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Director General of Police dated 22 April 2026. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision was delivered by Hon'ble Justices Siddhartha Varma and Jai Krishna Upadhyay on 23 April 2026.
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
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21705 of 2025
Rizwan Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Muhammad Azam
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
Checking your session…