Allahabad High Court
NATTHI SINGH @ BHOLA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet can be challenged only in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 89 of 2023 under Section 306 of the erstwhile IPC, alleging their involvement. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The police had already filed charge sheet CS 109/2023 after completing investigation. The Court observed that the charge sheet can be contested only in the appropriate criminal proceeding and not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it with liberty to approach the proper forum. The order was recorded on 5 May 2026.
Issues considered
- Whether a writ petition can be entertained to quash an FIR under Section 306 of the IPC
- Whether the High Court can interfere with a charge sheet already filed by the police
Legislation cited
- Indian Penal Code — s. 306
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- Section 306
- suicide
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5210 of 2023
Natthi Singh @ Bhola And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajiv Kumar Pandey
Counsel for Respondent(s) : Ajay Kumar Gautam, G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. List is being revised.
2. This writ petition questions the first information report in connection with Case
Crime No. 89 of 2023 under Sections306 of the erstwhile IPC, however, nobody is
present on behalf of the petitioners to press the writ petition, however, learned AGA
for the State is present.
3. Office has submitted following report:
"It is most humbly submitted that as per report submitted by the Legal Cell, O/o
Director General of Police, Uttar Pradesh, chargesheet no.CS 109/2023 has been
filed.
Therefore, In view of above, the case is put up for order before Hon'ble Court."
4. In view of the fact that charge sheet in the case has already been submitted by the
police after collecting evidence at its level finding petitioners' involvement in the
offence complained of, in our considered view it would be appropriate that the charge
sheet so filed may be questioned in an appropriate proceeding at appropriate forum.
5. Accordingly, we decline to grant any further indulgence in the matter.
6. Petition is, accordingly dismissed, consigned to records with aforesaid liberty.
May 5, 2026
Mohit
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
MOHIT KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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