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Shiv Kumar Singh Rana v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1893 of 2007 [2007] RD-AH 2901 (21 February 2007)


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Crl. Misc. Writ Petition No. 1893 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

The petitioner is accused of an offence under section 302 I.P.C. By the impugned order dated 24.4.2000, sanction has been given by the Governor of Uttar Pradesh under section 197 Cr. P.C., for his prosecution. The petitioner wants the sanction order to be quashed on the ground that there is no evidence.

The sanction order of the Governor says that after examining the evidence collected by investigation, it has been found by the Governor that a prima facie case of abduction, murder and other sections of I.P.C., is made out and accordingly sanction has been granted.

The prayer of the petitioner amounts to saying that although the petitioner is accused of the offence of murder and the investigating agency has found the evidence collected to be sufficient to warrant a charge sheet,  and although the Governor also has found that the evidence to be sufficient for granting the sanction but yet the petitioner should not be put on trial for such serious offence.

When two authorities have examined the evidence collected by investigation and have found the same to be sufficient to warrant putting the petitioner on trial for the murder case, it would be inappropriate for this Court in writ jurisdiction to start investigating questions of fact for recording innocence of the petitioner, that too without allowing the prosecution to lead evidence at the trial.

The writ petition is totally misconceived and is accordingly dismissed.

Dated: February 21, 2007



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