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Allahabad High Court

DANISH AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of the charge‑sheet renders the challenge to the FIR untenable.

Summary

The petitioners, Danish and four 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 Assistant Government Advocate, submitted an office report dated 11 May 2026 indicating that a charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge‑sheet is filed, the FIR is no longer the operative basis for further judicial scrutiny under a writ petition. Consequently, the Court held that the petition challenging the FIR could not be entertained and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.

Issues considered

  • Whether a writ petition under Article 226 challenging an FIR is maintainable after a charge‑sheet has been filed.

Subjects

  • FIR
  • charge sheet
  • writ petition
  • High Court
  • criminal procedure
  • Article 226
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 9162 of 2023

                                    Danish And 4 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)         : Ashwini Kumar Srivastava, Dinesh
                                                                        Kumar Yadav
                                    Counsel for Respondent(s)         : Bakhteyar Yusuf, Dinesh Kumar
                                                                        Yadav, G.A., Uma Barman

                                    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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