Allahabad High Court
SMT.SUNITA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge-sheet precludes the maintenance of a petition challenging the FIR.
Summary
The petitioner, Smt. Sunita Devi, filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed in the matter. The Court noted that the filing of a charge-sheet signifies that the investigation had progressed beyond the stage of merely filing an FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after a charge-sheet is filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on April 20, 2026.
Issues considered
- Whether a writ petition challenging the FIR can be entertained 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. - 1829 of 2023
Smt.Sunita Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nagendra Kumar Singh, Syed Ali
Murtaza
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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