Mohd. Adil (In Fir Mohd. Adil Khan) and Another v. State of U.P. Thru. Prin. Secy .Deptt. of Home, Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2981 of 2022 Petitioner :- Mohd. Adil (In Fir Mohd. Adil Khan) And Another Respondent :- State Of U.P. Thru. Prin. Secy .Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Ramakar Shukla,Ravindra Gupta Counsel for Respondent :- G.A.,Bal Krishna Dwivedi,Suresh Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Shri Ramakar Shukla, learned counsel for the petitioners has sent an out of station slip.

¶2Learned counsel for the respondents are present.

¶3Learned A.G.A. has filed short counter affidavit and the same is taken on record.

¶4Learned AGA on the basis of short counter affidavit states that investigation has been concluded and a Charge Sheet dated 27.05.2022 was prepared by the Investigating Officer and forwarded to the Supervisory Authority against the petitioners-Mohd. Adil (In FIR Mohd. Adil Khan) and Sahbaz Ahmed (In FIR Sahbaz) for onward transmission to Court concerned.

¶5Since 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.

¶6This writ petition is dismissed with liberty to the petitioners to approach the competent Court for raising their challenge to the charge sheet. Order Date :- 2.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench