A criminal miscellaneous writ petition challenging the arrest warrant stage was dismissed by the Court since the charge-sheet had already been submitted and cognizance taken. The petitioner was given liberty to approach the appropriate jurisdiction to challenge the charge-sheet.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4032 of 2019
Petitioner :- Nasir Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Respondent :- G.A.,Ramesh Kumar Shukla
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
On 22.02.2019, an interim order was passed that the investigation shall continue but the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C. in Case Crime No. 0109 of 2019 at P.S. Civil Lines, District Aligarh.
Learned A.G.A. has informed the Court that investigation had resulted in a charge-sheet much before filing of the petition because the charge-sheet was submitted on 26.10.2018 in Court. It has also been submitted that cognizance has been taken on the charge-sheet.
In view of the above, the petition is dismissed with liberty to the petitioner to take recourse to appropriate legal remedy in appropriate jurisdiction for challenging the charge-sheet, if so advised.
Order Date :- 15.4.2019 Sunil Kr Tiwari
1 issue framed by the court
Whether the petitioner seeking interim bail against arrest warrants after the submission of the charge sheet requires relief in the present writ petition.
Nasir Ali
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
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