Allahabad High Court
MOHD. HAIDAR AND 2 OTHERSversusTHE STATE OF UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge‑sheet has already been filed.
Summary
The petitioners, Mohd. Haidar and two others, filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Assistant 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 Director General of Police, Uttar Pradesh. The High Court observed that since the charge‑sheet was on record, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other remedy available under law. No substantive discussion on the merits of the FIR was undertaken.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge‑sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7451 of 2025
Mohd. Haidar And 2 Others
.....Petitioner(s)
Versus
The State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohan Lal, Vinod Shukla
Counsel for Respondent(s) : Dileep Kumar Singh, 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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