Allahabad High Court
SMT. AALIYA @ JANHVI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the filing of a charge-sheet precludes such a challenge.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. 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 in the matter. The Court noted that the filing of a charge-sheet signifies that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, could not be entertained at this stage. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other appropriate legal remedy. No substantive discussion on the merits of the FIR was undertaken as the procedural bar was deemed decisive.
Issues considered
- Whether a writ petition challenging the 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. - 7175 of 2023
Smt. Aaliya @ Janhvi And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailesh Kumar Mishra
Counsel for Respondent(s) : G.A., Shailendra Kumar Verma
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
Checking your session…