Allahabad High Court
SUSHILA DEVI AND 4 OTHERSversusSTATE OF U P AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge sheet precludes the challenge of the FIR through a writ.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 02.05.2026 indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The 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 remedy available under law. The dismissal was recorded on 5 May 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
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5406 of 2022
Sushila Devi And 4 Others
.....Petitioner(s)
Versus
State Of U P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Gupta
Counsel for Respondent(s) : G.A., Md. Aman Khan
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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