Allahabad High Court
KALEEM KHANversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the charge sheet had already been filed.
Summary
Petitioner Kaleem Khan filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The petition was heard in the revised call, but the petitioner was not present while the State was represented by an Additional Government Advocate. The court noted that the charge sheet had already been filed, as per a report dated 02.05.2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge sheet was on record, the court held that the writ petition, which only 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.
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. - 5347 of 2023
Kaleem Khan
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Singh Patel, Vijai Shanker
Tripathi, Vinod Shankar Tripathi
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 02.05.2026 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.)
May 5, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
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