Allahabad High Court
KASIM KHAN AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The Court held that the FIR should not be interfered with and dismissed the petition.
Summary
The petitioners, Kasim Khan and another, filed a criminal miscellaneous writ petition under Article 226 challenging the registration of an FIR alleging that they were involved in negotiating a contract killing. The respondents, the State of Uttar Pradesh and two others, opposed the petition. The Court examined the FIR and noted that while the allegations were scanty, the nature of the accusation—contract killing—mandated a thorough and unhindered investigation. The judges held that the FIR could not be interfered with merely on the basis of its preliminary nature. Consequently, the Court declined to quash or modify the FIR. The petition was dismissed.
Issues considered
- Whether a FIR alleging negotiation of a contract killing can be quashed under Article 226 of the Constitution despite being scanty in detail.
Subjects
- contract killing
- FIR
- Article 226
- quash petition
- investigation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10372 of 2026
Kasim Khan And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Naveen Kumar Yadav, Pradeep Kumar
Yadav, Shantanu Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
There are allegations of negotiating a contract killing. No doubt the
allegations are scanty and prima facie in the FIR, there cannot be much
material about it but looking to the nature of the allegations, we are of the
opinion that this is a matter which requires thorough and unhindered
investigation.
We therefore, decline to interfere with the impugned FIR in exercise of our
jurisdiction under Article 226 of the Constitution. This petition fails and is
dismissed.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 6, 2026
C. MANI/ Prashant
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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