Allahabad High Court
SADDAM HUSAINversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once a charge-sheet has been filed.
Summary
The petitioner, Saddam Husain, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The State, represented by the learned Additional Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 5 May 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court noted that the filing of a charge-sheet indicated that the investigation had progressed beyond the stage of the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, was no longer maintainable. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 7 May 2026.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7398 of 2023
Saddam Husain
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alauddin, Fakhruddin
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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