Shamsher Ali v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 4547 of 2022 Petitioner :- Shamsher Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Adil Aziz Khan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

(1) None appears on behalf of the petitioner.

(2) Learned A.G.A. for the State has filed a short counter affidavit, which is taken on record. He has submitted on the basis of short counter affidavit that the investigation has been concluded and the charge sheet was prepared on 22.08.2022, which was forwarded to the Supervisory Authority for onward submission to the Trial Court.

(3) Since the charge sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage.

(4) The writ petition is dismissed with liberty to the petitioner to approach the Competent Court for raising their challenge to the Charge-sheet.

(5) Interim order, if any, stands vacated. Order Date :- 29.11.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench