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Allahabad High Court

PRABHAVATI DEVI @ PRABHAVATI AND ANOTHERversusState of U.P. AND 2 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.

Summary

The petitioners Prabhavati Devi and another filed a criminal miscellaneous writ petition challenging the FIR filed against them. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed. The High Court observed that since the charge sheet was on record, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other remedy available under law. The dismissal was ordered on 23 April 2026.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • dismissal
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21582 of 2024

                                    Prabhavati Devi @ Prabhavati And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)       : Bharat Singh Pal, Prashant Kumar
                                                                      Singh
                                    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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