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Allahabad High Court

SMT KIRAN SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as it is not maintainable after the filing of a charge sheet.

Summary

The petitioners, Smt Kiran Singh and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Director General of Police's Legal Cell, submitted a report indicating that a charge sheet had already been filed in the case. The Court noted that the filing of a charge sheet signifies that the investigation is complete and the matter is now before the trial court. Since the petition sought to contest the FIR after the charge sheet was filed, the Court held that the writ petition was not maintainable. Consequently, the Court dismissed the petition and directed the petitioners 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

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5342 of 2025

                                    Smt Kiran Singh And Another
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                  :     Ram Om Vikram Singh Chauhan
                                    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 petitioners. Learned
                                    AGA is present for the State.

                                    2. We have perused the office report dated 02.05.2026 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 petitioners may avail such remedy
                                    as might be available under law.

                                    May 5, 2026
                                    vijay krishna
                                                                   (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


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