Allahabad High Court
SHOEBversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is dismissed when a charge-sheet has already been filed.
Summary
The petitioner, Shoeb, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. The State, represented by the Attorney General, opposed the petition. The court noted that a charge-sheet had already been filed by the Director General of Police, as per the office report dated 4 May 2026. Since the charge-sheet was on record, the petition was deemed premature and irrelevant to the issue of the FIR. Consequently, the court dismissed the writ petition and directed the petitioner to seek any other appropriate remedy under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge-sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6122 of 2025
Shoeb
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mirza Faheem Beg
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 list. No one is present for the petitioner (s).
Learned AGA is present for the State.
2. We have perused the office report dated 4.5.2026 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 6, 2026
LN Tripathi
Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad
Checking your session…