Allahabad High Court
MAMTA BAJPAYEE @ MAMTA TIWARI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge‑sheet precludes the maintenance of a petition to quash the FIR.
Summary
The petitioners, Mamta Bajpayee and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 22‑04‑2026 indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge‑sheet is filed, a writ petition seeking to quash the FIR is not maintainable. Consequently, the judges dismissed the petition and directed the petitioners to seek any other remedy available under law. The petition was therefore consigned to the record.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge‑sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21545 of 2025
Mamta Bajpayee @ Mamta Tiwari And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Singh, Arun Kumar Sharma
Counsel for Respondent(s) : Amresh Bahadur Tiwari, G.A., Girdhar
Gopal Kesarwani, Karunesh Pratap
Singh, Rajnish Pandey, Seema Pandey,
Vivek Shukla
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case is taken up in the revised call. No one is present for the
petitioner(s). Learned AGA is present for the State.
2. We have perused the office report dated 22.04.2026 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.)
April 23, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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