Allahabad High Court
SEEMA DEVIversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge sheet precludes further challenge to the FIR through a writ.
Summary
The petitioner Seema Devi filed a criminal miscellaneous writ petition challenging the FIR registered against her. The petition was heard in the revised call with no petitioner present, while the State was represented by the learned Additional Government Advocate. The court noted 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. Since the charge sheet was filed, the court held that the writ petition challenging the FIR could not be entertained. Consequently, the petition was dismissed and the petitioner was directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21565 of 2024
Seema Devi
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Chandra
Kumar Rai, Gunja Tiwari, Jitendra
Pratap Gautam
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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