Kajal Mishra v. State of U.P. Thru. Secy. Home, Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 4172 of 2022 Petitioner :- Kajal Mishra Respondent :- State Of U.P. Thru. Secy. Home, Lko. And Others Counsel for Petitioner :- Sheikh Mohammad Ali Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. The present writ petition has been filed by the petitioner - Kajal Mishra with a prayer to issue a writ in the nature of mandamus commanding the respondent no.2 to transfer the investigation of FIR No.0034 of 2022, under Sections 354 (Kha), 506 I.P.C. and later on added Sections 376, 392, 406 I.P.C., lodged by respondent no.5 against minor younger brother of petitioner, namely, Rajan Mishra, Subham Mishra (brother-in-law) and one Sabhasad Shakeel Ahmad to C.B.I. or any other independent agency. Learned A.G.A. has filed short court affidavit before the Court, which is taken on record. On the basis of the short court affidavit, learned A.G.A. submitted that charge sheet has been prepared on 10.5.2022. 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 petitioner to approach the Competent Court for raising their challenge to the Charge-sheet. Order Date :- 6.12.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench