Allahabad High Court
SMT. RAJKUMARI AND 3 OTHERSversusSTATE OF U.P. THROUGH SECRETARY HOME AFFAIRS U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is dismissed when the charge-sheet has already been filed, as the matter is no longer maintainable.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, through its Additional Government Advocate, submitted an office report dated 11 May 2026 indicating that the charge-sheet had already been filed by the police. The Court noted that the filing of a charge-sheet renders a challenge to the FIR moot, as the investigation had progressed to the filing stage. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other appropriate remedy under law. No substantive examination of the FIR's legality was undertaken.
Issues considered
- Whether a writ petition challenging an 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. - 9187 of 2023
Smt. Rajkumari And 3 Others
.....Petitioner(s)
Versus
State Of U.P. Through Secretary Home Affairs
U.P. And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Mayank Singh, Ram Dulare Singh
Counsel for Respondent(s) : G.A., Rajesh Kumar Sachan, Sandhya
Sachan
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 11.5.2026 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 12, 2026
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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