Allahabad High Court
SMT. SHRADDHA TANEJA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as it is not maintainable once a charge-sheet has been filed.
Summary
The petitioners, Smt. Shraddha Taneja and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 5 May 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court noted that the filing of a charge-sheet indicated that the investigation had progressed beyond the stage where an FIR could be contested through a writ. Consequently, the Court held that the petition was not maintainable and ordered its dismissal, directing the petitioners to seek any other legal remedy available. The petition was therefore consigned to the record and dismissed.
Issues considered
- Whether a writ petition challenging the 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. - 7253 of 2023
Smt. Shraddha Taneja And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bed Kant Mishra
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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