Allahabad High Court
MEGHA MAURYA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the filing of a charge‑sheet rendered the FIR no longer maintainable before the court.
Summary
The petitioners, Megha Maurya and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that a charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted 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 directed to seek any other remedy available under law. The judgment was delivered by Hon’ble Judges Siddhartha Varma and Jai Krishna Upadhyay on 6 May 2026.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR can be entertained after a charge‑sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge-sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 636 of 2023
Megha Maurya And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar, Jai Prakash Prasad, Savan
Kumar
Counsel for Respondent(s) : Abhishek Yadav, G.A., Tulsi Singh
Yadav
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
Checking your session…