Allahabad High Court
SAHAB KHAN @ SAHABUDDIN AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed because the charge‑sheet had already been filed, making a challenge to the FIR via writ impermissible.
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 dated 02‑05‑2026 indicating that the charge‑sheet had already been filed. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR via a writ petition untenable. Consequently, the Court dismissed the petition and directed the petitioners to seek any other appropriate remedy under law. The dismissal was recorded on 5 May 2026.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5419 of 2022
Sahab Khan @ Sahabuddin And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sushil Kumar Pandey
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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