Allahabad High Court
MOHD. TARIQversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet renders the challenge to the FIR non-maintainable.
Summary
The petitioner, Mohd. Tariq, 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 11 May 2026 from the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge-sheet indicated that the investigation was complete and the FIR could no longer be the subject of a writ petition. Consequently, the Court held that the petition was not maintainable and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8998 of 2023
Mohd. Tariq
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Mishra
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Instructions filed by learned A.G.A., be kept on record.
2. Case is taken up in the revised list. No one is present for the petitioner (s).
Learned AGA is present for the State.
3. 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."
4. 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.
5. The writ petition is, accordingly, dismissed. The petitioner (s) may avail
such remedy as might be available under law.
May 12, 2026
AKT
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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