Dinesh Kumar and Others v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8745 of 2023 Petitioner :- Dinesh Kumar And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lucknow And Others Counsel for Petitioner :- Vinay Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1None appears on behalf of the petitioners. Learned AGA for State-respondent is present.

¶2Learned A.G.A. has produced before this Court instructions sent by Circle Officer, Dhaurehra, District Khiri dated

30.11.2023 and the same is taken on record.

¶3Learned AGA on the basis of instructions states that investigation has been concluded and a Charge Sheet No.524 of 2023 was prepared by the Investigating Officer on

30.11.2023 against the petitioner nos.1 to 3-Dinesh Kumar, Ram Pratap and Neeraj under Sections 323, 504, 506 IPC and submitted to the Court concerned. It has been further stated that name of petitioner no.4-Pankaj Kashyap has been deleted from the array of accused as no credible evidence was found against him.

¶4Since 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.

¶5This 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