Allahabad High Court
PRIYA SHUKLA @ PRIYA KUMARI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable after the filing of a charge-sheet and must be dismissed.
Summary
Petitioners Priya Shukla and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted an office report indicating that a charge-sheet had already been filed by the Director General of Police. The Court observed that once a charge-sheet is filed, the FIR investigation is effectively concluded and a writ petition cannot be entertained to contest the FIR. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other legal remedy available. No substantive discussion on merits of the FIR was undertaken.
Issues considered
- What is the appropriate remedy when a writ petition challenges an FIR 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. - 18376 of 2025
Priya Shukla @ Priya Kumari And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Srivastava, Rajesh Kumar
Singh
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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