Allahabad High Court
SMT PREETI AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet precludes a challenge to the FIR in a writ petition.
Summary
The petitioners, Smt Preeti and two others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 05.05.2026 indicating that a charge-sheet had already been filed by the Director General of Police, U.P. The Court noted that the filing of a charge-sheet renders a challenge to the FIR non-maintainable in a writ petition. Consequently, the judges held that the petition could not proceed and ordered its dismissal. The petitioners were advised that they could seek any other legal remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable 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. - 7097 of 2025
Smt Preeti And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Javed Khan, Subuhi Naseem
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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