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Allahabad High Court

SAUD ALI KHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed because the filing of a charge-sheet precludes the court from entertaining a challenge to the FIR.

Summary

The petitioner, Saud Ali Khan, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The petition was heard in the Allahabad High Court, with counsel Abhishek Mishra representing the petitioner and G.A. and Vijay Kumar Dwivedi representing the State of U.P. The court noted that a charge-sheet had already been filed, as per a report dated 4 May 2026 from the Legal Cell of the Director General of Police, U.P. Since the charge-sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision was delivered on 6 May 2026 by Judges Siddhartha Varma and Jai Krishna Upadhyay.

Issues considered

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

Subjects

  • Criminal Procedure Code
  • FIR
  • Charge Sheet
  • Writ Petition
  • High Court
  • Dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 6217 of 2022

                                    Saud Ali Khan
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                 :   Abhishek Mishra
                                    Counsel for Respondent(s)                 :   G.A., Vijay Kumar Dwivedi

                                    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
                                    safi




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad


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