BALIRAM versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Baliram v. State Of U.P. And Others - WRIT - A No. 8607 of 2006 [2006] RD-AH 3312 (14 February 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

This writ petition has been filed for quashing the charge sheet which has been served upon the petitioner dated 25.1.2006.  Counsel for the petitioner submits that the aforesaid charge sheet is an outcome of undue pressure applied by respondent no. 4 upon the Abhilekh Adhikari, Mirzapur, who is admittedly a senior officer.

Hon'ble Supreme Court of India in its judgments reported in 1991 S.C. 1832 (7) and 1995 S.C.C. (Suppl.) and 1995 S.C.C. )Suppl.) (IV) Page 89 has specifically held that allegations of mala fide are basically issues of act which are not only to be alleged  but are also to be supported by material evidence.  Judged at the touch tone of the law laid down by the Hon'ble Supreme Court, this Court is satisfied that the allegations of mala fide as have been made in this writ petition  do not stand the test of scrutiny and, therefore, the writ petition  being devoid of merits  is accordingly dismissed.

Dated: 14.2.2006

V.R./8607/06

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