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Allahabad High Court

SMT NISHA PARAVEEN AND ANOTHERversusState of UTTAR PRADESH AND 3 OTHERS

Decided

Holding

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

Summary

The petitioners, Smt Nisha Paraveen and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 22 April 2026 indicating that the charge sheet in the matter had already been filed by the Director General of Police. The Court observed that once a charge sheet is filed, the FIR can no longer be the subject of a writ petition. Consequently, the Court dismissed the petition and directed that it be consigned to the record, while noting that the petitioners could pursue any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 23 April 2026.

Issues considered

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

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21335 of 2024

                                    Smt Nisha Paraveen And Another
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Devottam Pandey
                                    Counsel for Respondent(s)                       :   Buddha Prakash, 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(s). Learned AGA is present for the State.

                                    2. We have perused the office report dated 22.4.2026 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 23, 2026
                                    GS




Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad


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