Kamlesh Kumar Yadav and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8034 of 2022 Petitioner :- Kamlesh Kumar Yadav And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Suresh Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. None appears for the petitioners to press the writ petition. Learned A.G.A. for the State/respondents is present. Learned A.G.A. has filed short counter affidavit, which is taken on record. Learned A.G.A., on the basis of short counter affidavit states that during the course of investigation name of petitioner No.3 has been dropped and charge sheet has been prepared against petitioner Nos. 1 & 2 and the same has been forwarded to the supervisory authority on 07.12.2023. 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 his challenge to the charge sheet. Interim order, if any, stands vacated. Order Date :- 13.12.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench