Allahabad High Court
SMT. SUSHMA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge-sheet has already been filed, rendering the challenge to the FIR untenable.
Summary
Smt. Sushma and two others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The petition was filed after the police had already filed a charge-sheet, as indicated by a report from the Legal Cell of the Director General of Police, U.P. The petitioners were not present at the hearing, while the State's Additional Government Advocate was present. The Court observed that since the charge-sheet had been filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the registration of an FIR can be entertained 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. - 6346 of 2025
Smt. Sushma And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Kumar, Vinod Kumar Yadav
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
LN Tripathi
Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad
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