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Allahabad High Court

SMT VAISHALI AND ANOTHERversusState of U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR cannot be entertained once a charge‑sheet has been filed; therefore the petition is dismissed.

Summary

Petitioners Smt Vaishali and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 16‑04‑2026 indicating that a charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge‑sheet was on record, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other remedy available under law. The petition was consigned to the record.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after a charge‑sheet has been filed
  • Whether the High Court should dismiss the petition on the ground of the filing of the charge‑sheet

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18023 of 2024

                                    Smt Vaishali And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)          : Kamal Ji Kesharwani, Manoj Pandey
                                    Counsel for Respondent(s)          : G.A., Santosh Kumar Shukla

                                    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 16.04.2026 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
                                    S.K.S.




Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad


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