Allahabad High Court
CRLP/10498/2023 of DR TOUSHIF AHMAD AND 5 OTHERS Vs STATE OF U.P. AND 3 OTHERS on 7 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10498 of 2023 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Counter affidavit filed by the learned counsel representing first informant/respondent-4 in Court today is taken on record. 2. Heard Mr. Pramod Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10498 of 2023
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
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1. Counter affidavit filed by the learned counsel representing first informant/respondent-4 in Court today is taken on record.
2. Heard Mr. Pramod Kumar Srivastava, the learned counsel for petitioners, the learned AGA representing State/respondents 1, 2, 3 and Mr. Chandra Narayan Mishra, the learned counsel representing first informant/respondent
4.
3. Perused the record.
4. Petitioners-Dr Toushif Ahmad And 5 Others have approached this Court by means of present criminal misc. writ petition challenging the impugned FIR dated 18.06.2023 lodged by first informant/respondent-4, Rajan Kumar Mishra and registered as Case Crime Number 237 of 2023, under Sections 504, 304 I.P.C., Police Station-Manjhanpur, District-Kaushambi.
5. On the matter being taken up, the learned counsel for petitioners fairly submits that after completion of statutory investigation of aforementioned Case Crime Number in terms of Chapter XII Cr.P.C., the Investigating Officer has submitted a police report/final report. However, a protest petition was filed by the first informant/respondent-4 against aforesaid final report, which was allowed by the jurisdictional Magistrate and the matter was directed for further investigation.
6. Apart from above, various legal and factual pleadings have been raised by the learned counsel for petitioners in challenge to the impugned FIR. Versus Counsel for Petitioner(s) : Pramod Kumar Srivastava Counsel for Respondent(s) : Chandra Narayan Mishra, G.A. Dr Toushif Ahmad And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
7. Be that as it may, considering the fact that the impugned FIR is under Section 304 IPC, therefore, this Court in exercise of jurisdiction under Article 226 of the Constitution of India cannot return a finding as to whether the death of the deceased is on account of mens-rea with accused/ petitioners or not.
8. In this view of the matter, we decline to entertain the present writ petition.
9. It is accordingly dismissed.
10. Interim order, if any, shall stand vacated. October 8, 2026 YK CRLP No. 10498 of 2023 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad