Allahabad High Court
AMAN KHAN AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Since the charge‑sheet had already been filed, the writ petition challenging the FIR was dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, through the learned Additional Government Advocate, submitted an office report dated 5 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 amenable to challenge through a writ petition. Consequently, the Court dismissed the petition and directed the petitioners to seek any other remedy available under law. The dismissal was recorded on 7 May 2026.
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
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7069 of 2023
Aman Khan And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dev Prakash Sharma, Priyanka Devi
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 5.5.2026 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 7, 2026
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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