Created by Fuzzy Cloud

Allahabad High Court

NAFEES MISTRI ALIAS NAFEES KHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.

Summary

The petitioner, Nafees Mistri, filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The State, represented by the Additional Government Advocate, submitted an office report 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 untenable. Consequently, the Court held that the writ petition could not proceed and ordered its dismissal. The petitioners were directed to seek any other legal remedy available under law.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • high court
  • dismissal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 5613 of 2025

                                    Nafees Mistri Alias Nafees Khan
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Azad Khan
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.