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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