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Allahabad High Court

WASIM AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed because the filing of a charge-sheet precludes the maintenance of a petition challenging the FIR.

Summary

The petitioners, Wasim and three others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 11 May 2026 indicating that the charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge-sheet signifies that the investigation is complete and the matter is now before the trial court. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after the charge-sheet has been filed. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available to them.

Issues considered

  • Whether a criminal miscellaneous writ petition challenging an FIR can be entertained after the 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. - 9144 of 2023

                                    Wasim And 3 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                            :    Kalim Uddin
                                    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 11.5.2026 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 12, 2026
                                    safi




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad


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