Allahabad High Court
DILSHAD @ DILLA AND 3 OTHERSversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge sheet has already been filed, rendering the challenge to the FIR untenable.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court 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 in the matter had already been filed by the Director General of Police, U.P. The Court observed that since the charge sheet was filed, the FIR had been investigated and the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, while noting that the petitioners could pursue any other legal remedy available. The judgment was delivered on 5 May 2026 by Judges Siddhartha Varma and Jai Krishna Upadhyay.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge sheet has been filed
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5526 of 2022
Dilshad @ Dilla And 3 Others
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Nasir
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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