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Allahabad High Court

NAFEES AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge sheet has been filed, and therefore must be dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 2 May 2026 indicating that the charge sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that since the charge sheet was on record, the petition’s challenge to the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other appropriate legal remedy. The dismissal was recorded on 5 May 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
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 5446 of 2023

                                    Nafees And 6 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Ratnesh Kumar          Shukla,     Shikhar
                                                                     Tandon
                                    Counsel for Respondent(s)      : Alka Pandey, 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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