Allahabad High Court
SMT SANA KHATOON AND ANOTHERversusState of UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge sheet precludes challenging the FIR through a writ.
Summary
The petitioners, Smt Sana Khatoon and another, filed a criminal miscellaneous writ petition challenging the FIR filed against them. The State, represented by the Assistant Government Advocate, submitted a report indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The High Court observed that once a charge sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and directed the petitioners to seek any other legal remedy available. The dismissal was recorded on April 23, 2026.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the filing of a charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21641 of 2024
Smt Sana Khatoon And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Pandey
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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