Allahabad High Court
SMT. SARASWATI AND ANOTHERversusSTATE 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
Smt. Saraswati and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR filed against them. The petition was heard in the revised list with no petitioner present, while the State’s Additional Government Advocate was present. The court examined a report dated 05.05.2026 indicating that the charge‑sheet in the case had already been filed by the Director General of Police. Relying on the fact that the charge‑sheet was on record, the court held that a writ petition seeking to quash the FIR could not be entertained. Consequently, the petition was dismissed and consigned to the record, with the petitioners directed to pursue any other legal remedy available.
Issues considered
- What is the maintainability of a writ petition challenging an FIR after a charge‑sheet has been filed?
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7039 of 2023
Smt. Saraswati And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Srivastava
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 05.05.2026 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 7, 2026
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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