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Allahabad High Court

SANGEETA DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed because the filing of a charge sheet precludes further challenge to the FIR.

Summary

The petitioner, Sangeeta Devi, filed a criminal miscellaneous writ petition challenging the FIR lodged against her. The State, represented by the Assistant Government Advocate, submitted that a charge sheet had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court noted that the filing of a charge sheet indicates that the investigation is complete and the FIR is no longer a live subject of challenge. Consequently, the Court held that the writ petition could not be entertained and ordered its dismissal. The petition was dismissed, with a direction that the petitioner may seek any other remedy available under law.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the 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. - 21184 of 2025

                                    Sangeeta Devi
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Dhiraj Kumar Sharma
                                    Counsel for Respondent(s)                         :    Anurag Pandey, G.A.

                                    Court No. - 42
                                                        HON'BLE SIDDHARTHA VARMA, J.
                                                        HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Case is taken up in the revised call. No one is present for the petitioner. Learned
                                    AGA is present for the State.

                                    2. We have perused the office report dated 22.04.2026 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 may avail such remedy
                                    as might be available under law.

                                    April 23, 2026
                                    vijay krishna
                                                                   (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


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