Allahabad High Court
NAWAB NOORversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Since a charge‑sheet has been filed, the FIR cannot be challenged by a writ petition and the petition must be dismissed.
Summary
The petitioner, Nawab Noor, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the Assistant Government Advocate, submitted that a charge‑sheet had already been filed, as per a report dated 11 May 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court noted that the filing of a charge‑sheet indicates that the investigation had progressed beyond the stage where an FIR can be questioned through a writ. Consequently, the Court held that the petition could not be entertained and ordered it to be dismissed. The petitioner was advised that any further remedy must be sought under the appropriate 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
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9285 of 2023
Nawab Noor
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Najakat Ali
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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