Allahabad High Court
NOOR MOHMD AND 3 OTHERSversusState of U.P AND 3 OTHERS
- Decided
Holding
A writ petition challenging the 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 against them. The petition was heard in the revised list, with no petitioner present and the State represented by an AGA. The court examined an office report dated 11 May 2026 indicating that the charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. 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 the petitioners directed to seek any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 12 May 2026.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge-sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- maintainability
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8962 of 2024
Noor Mohmd And 3 Others
.....Petitioner(s)
Versus
State Of U.P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kumar Singh
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 11.05.2026 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 12, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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