Allahabad High Court
SYED MOHAMMAD AJAJUL HASANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge sheet has been filed, and such petition must be dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed. The Court noted that the filing of the charge sheet rendered the challenge to the FIR moot. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other legal remedy available. No substantive examination of the FIR’s legality was undertaken as the procedural stage had progressed beyond the point of challenge.
Issues considered
- The writ petition challenging the FIR is maintainable 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. - 5364 of 2025
Syed Mohammad Ajajul Hasan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Shukla
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 petitioners. 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 petitioners may avail such remedy
as might be available under law.
May 5, 2026
vijay krishna
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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