Allahabad High Court
SMT GUDIYA DEVI AND 3 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioners, Gudiya Devi and three others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report dated 22 April 2026 indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge‑sheet is filed, the FIR is no longer a live subject for judicial scrutiny under a writ petition. Consequently, the judges held that the petition could not be entertained and ordered it to be consigned to the record. The petition was dismissed, with the Court directing the petitioners to 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
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21337 of 2024
Smt Gudiya Devi And 3 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Atul Srivastava, Mohd. Farooq
Counsel for Respondent(s) : 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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