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Allahabad High Court

SMT. SRISHTI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR cannot be entertained once the charge‑sheet has been filed, and therefore must be dismissed.

Summary

Smt. Srishti and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State of U.P. submitted a charge‑sheet, and the Legal Cell of the Director General of Police reported that the charge‑sheet had been filed. The Court observed that once a charge‑sheet is filed, the FIR is no longer amenable to challenge through a writ petition. Consequently, the petition was dismissed as being infructuous. The petitioners were directed to pursue any other remedy available under law.

Issues considered

  • Whether a writ petition challenging the FIR is maintainable after the charge‑sheet has been filed

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18392 of 2025

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

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

                                    Counsel for Petitioner(s)           : Amit Kumar Rajput, Saurabh Tiwari
                                    Counsel for Respondent(s)           : Ajay Vikram Singh, 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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