Allahabad High Court
RAHEES KHAN AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge-sheet precludes judicial review of the FIR under a writ.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that a charge-sheet had already been filed in the matter. The Court observed that once a charge-sheet is filed, the FIR is no longer a live subject for judicial scrutiny under a writ petition. Consequently, the Court dismissed the petition, directing the petitioners to seek any other remedy available under law. The dismissal was recorded on 6 May 2026.
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. - 639 of 2023
Rahees Khan And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pushpa Kumari, Rajani Maddeshiya,
Ravindra Kumar Yadav, Ray Sahab
Yadav, Surendra Kumar Yadav
Counsel for Respondent(s) : G.A., Om Prakash
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…