Allahabad High Court
SMT. KALAWATI AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR is not maintainable after the charge sheet has been filed, and therefore the petition is dismissed.
Summary
Petitioners Smt. Kalawati and others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet in the case had already been filed by the Director General of Police. The Court observed that once a charge sheet is filed, a writ petition questioning the FIR becomes premature and cannot be entertained. Consequently, the Court dismissed the petition and directed that it be consigned to the record, noting that the petitioners may seek any other legal remedy available. The dismissal was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on May 5, 2026.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 536 of 2023
Smt. Kalawati And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : A Kumar Srivastava, Ratnesh Srivastava
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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