Allahabad High Court
ABDUL RAHMAN AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of the charge sheet precludes further challenge to the FIR through a writ.
Summary
In Criminal Miscellaneous Writ Petition No. 5603 of 2022, Abdul Rahman and five others filed a petition challenging the registration of an FIR against them. The petitioners were not present at the hearing, while the State was represented by an Additional Government Advocate. The court examined a report dated 02.05.2026 indicating that the charge sheet in the case had already been filed by the Director General of Police, Uttar Pradesh. Since the charge sheet was filed, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the court dismissed the petition and directed the petitioners to seek any other appropriate remedy under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5603 of 2022
Abdul Rahman And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Danish
Counsel for Respondent(s) : G.A., Pawan Kumar Shukla
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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