KARE GIRI & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Kare Giri & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2332 of 2007 [2007] RD-AH 14406 (23 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 2332 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble K.N. Ojha, J.

Case has been called out in the revised list. Learned counsel for the petitioners has stated  that a charge sheet has been filed in this case.

After filing of the charge sheet, it would not be appropriate to quash the F.I.R. and thereby preempt the trial by recording findings of fact about the guilt or innocence of the petitioners accused without giving the prosecution a chance to prove the guilt by leading evidence at the trial.

The writ petition is, therefore, dismissed.

Interim order dated 22.2.2007 is vacated.  

Dated: August 23, 2007

AM/-

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