CHANDRA SHEKHAR SHAKYA AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Chandra Shekhar Shakya And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 14401 of 2006 [2007] RD-AH 14346 (22 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble K.N. Ojha, J.

The case has been called out in the revised list.  No one has appeared on behalf of the petitioners.  The learned A.G.A. states that the charge sheet has been filed in this case.

Once the charge sheet has been submitted, the allegations in the FIR stand prima facie corroborated by evidence collected during investigation resulting in filing of the charge sheet. Thereafter, it would not be desirable to record finding of fact in writ jurisdiction about the guilt or innocence of the accused, thereby pre-empting the trial, without giving an opportunity to the prosecution to prove the allegations by adducing evidence at the trial.

The writ petition is therefore dismissed. Interim order, if any, is vacated.

Dated: 22.08.07

RCT/-crl.w.p.no.14401/06

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