Allahabad High Court
SUSHILA SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge-sheet has been filed.
Summary
The petitioners, Sushila Singh, filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The petition was heard in the Allahabad High Court, with counsel for the petitioners absent and the State represented by an Additional Government Advocate. The court noted that the police had already filed a charge-sheet, as per a report dated 4 May 2026. Since the charge-sheet had been filed, the court held that the petition challenging the FIR was no longer maintainable. Consequently, the writ petition was dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available to them.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the filing of a charge-sheet
Subjects
- FIR
- charge-sheet
- writ petition
- criminal procedure
- maintainability
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6265 of 2022
Sushila Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deelip Kumar Pathak, Rajiv Kumar
Mishra
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 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.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 6, 2026
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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