Created by Fuzzy Cloud

Allahabad High Court

SMT. KAJU AND ANOTHERversusSTATE OF U.P. AND 2 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

The petitioners, Smt. Kaju and another, filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that the charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The High Court noted that the filing of a charge-sheet rendered the challenge to the FIR moot, as the investigation had progressed to the prosecution stage. Consequently, the Court held that the writ petition could not be entertained and should be dismissed. The petitioners were directed to seek any other legal remedy that may be available to them under the law.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge-sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 735 of 2025

                                    Smt. Kaju And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Devashish Mitra
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.