Prem Prakash v. State of U.P. Thru Secy Deptt of Home Civil Sectt U.P. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8411 of 2022 Petitioner :- Prem Prakash Respondent :- State Of U.P. Thru Secy Deptt Of Home Civil Sectt U.P. Lko And Others Counsel for Petitioner :- Santosh Kumar Kanaujia Counsel for Respondent :- G.A.,Amit Kumar Awasthi,Jayesh Dutt Dwivedi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. None present for the petitioner 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 after due investigation charge sheet has been prepared and the same has been forwarded to the Supervisory Authority on

07.12.2022. 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 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