Allahabad High Court
IKRA BI AND ANOTHERversusTHE STATE OF U.P. 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, Ikra Bi and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. 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 Police. The court examined the report and noted that the charge‑sheet’s filing rendered the challenge to the FIR moot. Consequently, the bench held that the writ petition could not be entertained and should be dismissed. The petition was therefore dismissed, with the court directing the petitioners to seek any other legal remedy that may be available to them.
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
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21376 of 2025
Ikra Bi And Another
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Buddhi Prakash
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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