Allahabad High Court
SMT. INDU DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet renders the challenge to the FIR non-maintainable.
Summary
The petitioner, Smt. Indu Devi, filed a criminal miscellaneous writ petition challenging the FIR filed against her. The State, represented by the learned Additional Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 05.05.2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court observed that since the charge-sheet was already filed, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after a charge-sheet has been filed
Subjects
- FIR
- charge-sheet
- writ petition
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7279 of 2023
Smt. Indu Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hari Narayan Singh
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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