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Allahabad High Court

SMT SIMPAL RANA @ ARCHNA TOMAR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as the charge‑sheet has already been filed, rendering the FIR no longer amenable to writ relief.

Summary

The petitioners Smt Simpal Rana @ Archna Tomar and four others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR registered against them. The State, represented by the learned Additional Government Advocate, submitted a report dated 4 May 2026 indicating that a charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court held that once a charge‑sheet is filed, the FIR is no longer a live subject for judicial review in a writ petition. Accordingly, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to pursue any other remedy available under law. The order was pronounced by Justices Siddhartha Varma and Jai Krishna Upadhyay on 6 May 2026.

Issues considered

  • Whether a writ petition challenging an FIR is maintainable 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. - 6226 of 2025

                                    Smt Simpal Rana @ Archna Tomar And 4 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Anirudh Kumar Upadhyay
                                    Counsel for Respondent(s)             :   G.A., Gyanendra Kumar Singh

                                    Court No. - 42
                                                      HON'BLE SIDDHARTHA VARMA, J.
                                                      HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Case is taken up in the revised list. No one is present for the petitioner(s).
                                    Learned AGA is present for the State.

                                    2. We have perused the office report dated 4.5.2026 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.

                                    5. This order has been passed in the presence of Mr.Gyanendra Kumar
                                    Singh.



                                                            (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    May 6, 2026
                                    LN Tripathi




Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad


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