Smt. Mamta Awasthi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8319 of 2023 Petitioner :- Smt. Mamta Awasthi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Badri Prasad Singh Counsel for Respondent :- G.A.,Brijesh Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners, learned A.G.A. for the State/respondents and perused the material brought on record. Learned A.G.A. has produced before this Court instructions sent by Sub Inspector, Police Station Kaisarganj, District Bahraich wherein it has been stated that after due investigation charge sheet has been prepared and filed in the court concerned against petitioner No.1-Mamta Awasthi and petitioner No.2 - Rajendra Prasad Awasthi on 21.11.2023. 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. The writ petition is dismissed with liberty to the petitioners to approach the Competent Court for raising their challenge to the charge sheet. Interim order, if any, stands vacated. Order Date :- 30.11.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench