Mohd. Faheem and Others v. State of U.P. Thru. Secy. Home Deptt., Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 88 of 2023 Petitioner :- Mohd. Faheem And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt., Lko. And Others Counsel for Petitioner :- Ram Samujh Rawat,Jyoti Rawat Counsel for Respondent :- G.A.,Narendra Gupta Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1None appears on behalf of the petitioner. Learned AGA for State-respondent and Shri Narendra Gupta, learned counsel for private respondent are present.

¶2Learned A.G.A. has produced before this Court instructions sent by Sub-Inspector Premwati yadav, police station Mehmoodabad, District Sitapur dated 23.01.2023 and the same is taken on record.

¶4Learned AGA on the basis of instructions states that investigation has been concluded and anmes of petitioner nos.4 and 5 have been deleted from the array of accused and a Charge Sheet No. 523 of 2022 dated 20.12.2022 has been prepared by the Investigating Officer and forwarded to the Circle Officer concerned against the petitioner nos.1, 2 and 3 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 :- 8.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench