Allahabad High Court
SMT. RAJANI SHAKYAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge sheet rendered the challenge to the FIR non-maintainable.
Summary
The petitioner, Smt. Rajani Shakya, filed a criminal miscellaneous writ petition challenging the FIR filed against her. The State, represented by the Attorney General, submitted that a charge sheet had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet indicated that the investigation had progressed beyond the stage where an FIR could be challenged by a writ. Consequently, the Court held that the petition was not maintainable and ordered its dismissal, directing the petitioner to seek any other legal remedy available. The petition was therefore consigned to the record and dismissed.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a 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. - 21506 of 2025
Smt. Rajani Shakya
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Malviya
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 22.04.2026 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
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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