Allahabad High Court
ANITA KATIYARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed because the charge sheet had already been filed, rendering the challenge to the FIR untenable.
Summary
Petitioner Anita Katiyar filed a criminal miscellaneous writ petition challenging the FIR filed against her. The petition was heard in the revised call with no petitioner present, while the State was represented by counsel. The court noted that the charge sheet in the case had already been filed, as per a report from the Director General of Police's Legal Cell dated 2 May 2026. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not proceed. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the 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. - 5539 of 2022
Anita Katiyar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Chandra Agrahari
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 petitioner. 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 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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