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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