Allahabad High Court
SMT. RUKHSAR AND ANOTHERversusTHE STATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as it is not maintainable after the filing of the charge-sheet.
Summary
Smt. Rukhsar and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The petition was filed after the police had already filed a charge-sheet, as indicated by a report from the Legal Cell of the Uttar Pradesh Director General of Police. The court noted that the charge-sheet had been filed and that the petition merely sought to contest the FIR. Since the charge-sheet was already on record, the court held that the writ petition was not maintainable. Consequently, the petition was dismissed and the petitioners were directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14284 of 2025
Smt. Rukhsar And Another
.....Petitioner(s)
Versus
The State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narayan Swaroop, Som Veer
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 16.4.2026 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.)
April 20, 2026
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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