Allahabad High Court
RAJIYA BEJUM AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the charge sheet had already been filed.
Summary
The petitioners, Rajiya Bejum and six others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Assistant 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, U.P. The Court observed that once a charge sheet is filed, the FIR is no longer a live subject for judicial scrutiny under a writ petition. Consequently, the Court held that the petition could not be entertained and ordered its dismissal. The petitioners were advised to seek any other remedy available under law.
Issues considered
- What is the appropriate remedy when a writ petition challenges an FIR after a 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. - 5635 of 2023
Rajiya Bejum And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gambhir Singh
Counsel for Respondent(s) : G.A., Ram Kumar Dubey
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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