Allahabad High Court
AMIR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge sheet precludes the challenge to the FIR.
Summary
The petitioners, Amir and another, 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 that a charge sheet had already been filed, as per a report dated 2 May 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet indicates that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, could not be entertained after the charge sheet was filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioners may pursue any other legal remedy available to them.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after a charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5610 of 2025
Amir And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mir Sayed
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
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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