Bombay High Court

UMESH NAMDEO SANGOLKARversusSUPERINTENDENT OF POLICE AND ORS

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI RANJITSINHA RAJA BHONSALE

Holding

The petition is dismissed as infructuous because the requested FIR registration is unnecessary given the existing charge sheet.

Summary

The petitioner, Umesh Namdeo Sangolkar, filed a writ petition seeking the registration of a crime under Section 302 of the Indian Penal Code. The respondents indicated that charges under Sections 304B, 498-A, and 306 read with Section 34 IPC had already been framed against the petitioner. The learned Assistant Public Prosecutor argued that the remedy available to the petitioner was to apply for the addition of a charge, not to seek a fresh FIR under Section 302. The Court examined whether the petition for a new FIR was maintainable in view of the existing charge sheet. Concluding that the petition had become infructuous, the Court disposed of the petition without granting any relief.

Issues considered

Whether a writ petition seeking registration of an FIR under Section 302 IPC is maintainable when charges under other sections have already been framed.

Legislation cited

Indian Penal Code, 1860 — s. 302, 304B, 306, 34, 498A

Subjects

FIR registration
Section 302 IPC
Infructuous petition
Criminal procedure
Charge addition

Judgment

29-wp-23-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.23 OF 2020

Umesh Namdeo Sangolkar …..Petitioner
Vs.
Superintendent of Police & Ors. …..Respondents

None for the Petitioner.
Mrs. Shubhangi N. Deshmukh, APP, for the Respondents-State.
Mr. Chandrakant Jadhav, API, Jat Police Station is present.

CORAM: MRS. VRUSHALI V. JOSHI,
RANJITSINHA RAJA BHONSALE, JJ.
DATED: 18th MARCH 2026
P.C.:-

1. The learned APP has stated that the prayer in this case is to

charge under Sections 304B, 498-A and 306 read with 34 of the

Indian Penal Code is already framed. The remedy is available to the

Petitioner for filing application for addition of charge.

2. Considering the prayer for registration of FIR under Section

302 of the Indian Penal Code, the Petition has become infructuous.

3. The Petition stands disposed of, as infructuous.

(RANJITSINHA RAJA BHONSALE, J.) (MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by

RAJU
RAJU
DATTATRAYA
Gaikwad RD 1/1
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.03.23
18:10:42
+0530

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