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Dr. Sanjay Kannojia v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2799 of 2007  RD-AH 7489 (24 April 2007)
Crl. Misc. Writ Petition No. 2799 of 2007
Hon'ble Sushil Harkauli, J.
Hon'ble Ajai Kumar Singh, J.
Heard learned counsel for the petitioner.
According to the counter affidavit of the A.G.A., charge sheet has been filed. Sri K.C. Pandey, representing the respondent No. 4 states that on the charge sheet cognizance has been taken by the Magistrate on 12.4.2007. After submission of the charge sheet, averments of the first information report are prima facie corroborated by the evidence collected from the investigation. At that stage, it would not be proper to quash the first information report and to create the trial.
Therefore, we decline to into the question of the guilt or innocence of the accused and leave it open to the trial Court.
The writ petition is accordingly dismissed.
Interim order dated 1.3.2007 is vacated.
Dated: April 24, 2007
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