Allahabad High Court
AMIR RAZA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR registered against them. The petition was heard after the police had filed a charge sheet, as reflected in the office report dated 05.05.2026. The court observed that the filing of the charge sheet made the challenge to the FIR redundant. Accordingly, the court dismissed the writ petition and consigned it to the record, indicating that the petitioners may pursue any other remedy available under law. The decision highlights that a writ petition solely contesting an FIR is not maintainable once a charge sheet is on record.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7321 of 2023
Amir Raza And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikrant Gupta
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 05.05.2026 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
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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