Allahabad High Court
PRIYANKAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge‑sheet has been filed, and therefore must be dismissed.
Summary
The petitioner, Priyanka, filed a criminal miscellaneous writ petition challenging the registration of the FIR against her. The State, represented by the Additional Government Advocate, submitted an office report dated 4 May 2026 indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR untenable at this stage. Consequently, the judges held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6430 of 2023
Priyanka
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajiv Kumar Pandey
Counsel for Respondent(s) : Ajay Kumar Gautam, 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 04.05.2026 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
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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