Allahabad High Court
SMT SWATI AND ANOTHERversusState of UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is dismissed when a charge-sheet has already been filed.
Summary
The petitioners, Smt Swati and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 16 April 2026 indicating that the 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 was no longer maintainable. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, while noting that the petitioners could pursue any other legal remedy available. The decision was delivered by Hon'ble Justices Siddhartha Varma and Jai Krishna Upadhyay on 20 April 2026.
Issues considered
- The writ petition challenging the FIR is maintainable after the filing of a charge-sheet.
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18047 of 2024
Smt Swati And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahima Maurya Kushwaha, Mukesh
Kumar Kushwaha
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 16.04.2026 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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