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DR. SANJAY KANNOJIA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Dr. Sanjay Kannojia v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2799 of 2007 [2007] RD-AH 7489 (24 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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

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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