Allahabad High Court
AAKANKSHA AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge sheet has already been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted a report indicating that the charge sheet had already been filed by the Director General of Police. The Court observed that since the charge sheet was on record, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other remedy available under law. The dismissal was ordered on May 5, 2026.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5581 of 2022
Aakanksha And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Yadav, Jitendra Singh, Vikas
Srivastava
Counsel for Respondent(s) : G.A., Munna Babu
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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