Allahabad High Court
ASIF AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners Asif and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 5 May 2026 indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge‑sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other 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
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7305 of 2022
Asif And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Javed Husain Khan, Pervez Husain
Khan
Counsel for Respondent(s) : G.A., Mithilesh Kumar Tiwari
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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