Tanveer Alias Mohd. Tanveer v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6781 of 2022 Petitioner :- Tanveer Alias Mohd. Tanveer Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Riyaz Ahmad Counsel for Respondent :- G.A.,Rajendra Prasad Lodhi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. The First Information Report (FIR) dated 06.09.2022 registered as Case Crime No. 330 of 2022, under Sections 363, 366 IPC at Police Station Katra Bazar, District Gonda is under challenge in the present Writ Petition. The Petitioners have also sought for stay of their arrest in the said case. Learned A.G.A. has filed short counter affidavit before the Court, which is taken on record. On the basis of the short counter affidavit, learned A.G.A. submitted that charge sheet has been prepared on 29.10.2022. 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