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Allahabad High Court

SMT. ANJALI SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once a charge‑sheet has been filed and must be dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, through the Director General of Police's Legal Cell, submitted a report indicating that a charge‑sheet had already been filed in the case. The Court observed that the filing of a charge‑sheet demonstrates that the criminal proceeding had progressed beyond the stage where an FIR can be questioned by a writ. Consequently, the Court held that the petition was not maintainable and ordered it to be consigned to the record. The petition was dismissed, with the Court directing the petitioners to seek any other appropriate legal remedy.

Issues considered

  • Whether a writ petition challenging the 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. - 18292 of 2025

                                    Smt. Anjali Singh And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)           : Kiran Yadav, Sanjay Kumar Yadav
                                    Counsel for Respondent(s)           : G.A., Sanjay Kumar Rai

                                    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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