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RAM KUMAR & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ram Kumar & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 164 of 2007 [2007] RD-AH 11732 (11 July 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 164 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble K.N. Ojha, J.

Against the petitioner No. 2, a charge sheet has been filed under section 302 I.P.C. It appears that the petitioner could not be arrested and after filing of the charge sheet, the Magistrate has issued warrants for his arrest. The petitioner has filed this writ petition challenging the investigation.

After charge sheet is submitted, it would not be appropriate to permit challenging of the investigation and the charge sheet in writ jurisdiction. The proper remedy for the accused in such cases is to go to the Court of Magistrate and raise whatever pleas are legally available.

We are not inclined to interfere in this writ petition.

The writ petition is, therefore, dismissed.

Interim order dated 9.1.2007 is vacated.  

Dated: July 11, 2007

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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