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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