Allahabad High Court
SMT. ANU GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the FIR cannot be challenged by a writ once the charge sheet has been filed.
Summary
The petitioners, Smt. Anu Gupta, filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed. The Court noted that once a charge sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition as premature and ordered it to be consigned to the record. The petitioners were advised to seek any other legal remedy available under law.
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. - 5482 of 2025
Smt. Anu Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mirza Faheem Beg
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.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 5, 2026
vijay krishna
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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