Allahabad High Court
SHIVANI MISHRA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioners, Shivani Mishra and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report dated 2 May 2026 indicating that the police had already filed a charge‑sheet. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR barred, as the matter is now sub‑judice before the criminal trial court. Consequently, the judges held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other remedy available under law, and the petition was consigned to the record.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge‑sheet.
Subjects
- writ petition
- FIR
- charge sheet
- Criminal Procedure Code
- High Court jurisdiction
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5449 of 2023
Shivani Mishra And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Saran, Anurag Pandey, Rohan
Gupta
Counsel for Respondent(s) : Akansha Verma, Deepak Kumar
Verma, 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 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 petitioner(s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 5, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
Checking your session…