Allahabad High Court
SHABANA KHAN @ SHABANA BEGAM KHANversusState of UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as it is not maintainable once the charge-sheet has been filed.
Summary
The petitioner, Shabana Khan, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against her. The State, represented by the learned Additional Government Advocate, submitted an office report dated 5 May 2026 indicating that the charge-sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court examined whether a writ petition questioning the FIR could be entertained after the filing of a charge-sheet. Relying on the fact that the charge-sheet was already submitted, the Court held that the petition was not maintainable. Consequently, the petition was dismissed and consigned to the record, 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. - 21333 of 2024
Shabana Khan @ Shabana Begam Khan
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Samiuzzaman Khan
Counsel for Respondent(s) : G.A., Rashid Ali
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 05.05.2026 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.)
May 7, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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