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Allahabad High Court

BABITA RASTOGI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition seeking to quash an FIR is not maintainable once a charge‑sheet has been filed.

Summary

Babita Rastogi and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State of U.P. submitted a charge‑sheet, as reflected in the office report dated 5 May 2026. The Court observed that since the charge‑sheet had already been filed, the petition seeking to quash the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to pursue any other remedy available under law. The dismissal was based on the principle that an FIR cannot be set aside by a writ once a charge‑sheet is filed.

Issues considered

  • The writ petition challenging the FIR is maintainable after a charge‑sheet has been filed.

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • High Court
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 7344 of 2025

                                    Babita Rastogi And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)         : Ajai Kumar, Raj Kumar Khanna,
                                                                        Sandal Khanna
                                    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 5.5.2026 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 7, 2026
                                    safi




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad


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