Allahabad High Court
SUBASH PRAJAPATI AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was disposed of because the charge sheet had already been filed, leaving no ground for further adjudication.
Summary
Petitioners Subash Prajapati and two others filed a criminal miscellaneous writ petition seeking quash of an FIR dated 15-11-2025, registered under Sections 115(2), 352, 351(2) and 3(5) of the Indian Penal Code, and a direction that they not be arrested. The State opposed the petition and informed the Court that a charge sheet had already been filed on 09-12-2025. The petitioners reiterated their prayer, but the Court noted that the charge sheet’s filing removed any basis for further adjudication of the writ. Consequently, the Court found no reason to keep the petition pending and disposed of it. The petition was therefore dismissed without any order to quash the FIR or restrain arrest.
Issues considered
- Whether a writ petition seeking quash of an FIR and a direction not to arrest can be entertained after a charge sheet has been filed
Legislation cited
- Indian Penal Code — s. 115(2), 3(5), 351(2), 352
Subjects
- FIR
- quash
- criminal procedure
- charge sheet
- writ petition
- high court
- section 115 IPC
- section 352 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19471 of 2026
Subash Prajapati And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed with the prayer to
quash the impugned First Information Report dated 15.11.2025
registered as Case Crime No.0232 of 2025, under Sections
115(2), 352, 351(2), 3(5) B.N.S. Police Station - Dakshin Tola,
District - Mau and for a direction to the respondent no. 3 not to
arrest the petitioners in pursuance of impugned First
Information Report.
2. Heard Mr. Rajesh Yadav, Advocate holding brief of Mr.
Vijay Kumar Srivastava learned counsel appearing on behalf of
the petitioners and Mr. K.P. Pathak, learned AGA appearing on
behalf of the State and perused the material on record.
3. It is submitted by learned AGA that in the instant matter,
after completion of investigation, charge sheet has been
forwarded on 09.12.2025 before the concerned Court.
4. At this juncture, learned counsel appearing on behalf of the
petitioners submitted and prayed that the instant writ petition
may be disposed of in light of the statement given by the
learned A.G.A.
5. Taking into consideration the submissions advanced by
learned counsel for the parties and the fact that charge sheet
has already been submitted, we do not find any good reason to
CRLP No. 19471 of 2026
2
keep this petition pending for further adjudication.
6. In view of the above, the instant writ petition is disposed of.
September 9,
2026
SK Srivastava
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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