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Allahabad High Court

ABDUL RASHEED AND 6 OTHERSversusSTATE OF U.P. AND 2 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 registration of the FIR. The petition was heard in the revised list with no petitioner present, while the State's Additional Government Advocate appeared. The court noted that the charge-sheet had already been filed, as per the report dated 05.05.2026 from the Legal Cell of the Uttar Pradesh Director General of Police. Since the charge-sheet was on record, the court held that the petition, which sought to contest the FIR, was no longer maintainable. Consequently, the writ petition was dismissed and consigned to the record, with a direction that the petitioners may pursue any other legal remedy available to them.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained 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. - 7396 of 2023

                                    Abdul Rasheed And 6 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                      :    Rajesh Kumar Rao
                                    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
                                    S.K.S.




Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad


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