Jaswant Singh & Others vs State Of U.P. & Others on 8 January, 2010

Court No. - 32

Case :- CRIMINAL MISC. WRIT PETITION No. - 13000 of 2008

Petitioner :- Jaswant Singh & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- S.K. Tyagi
Respondent Counsel :- Govt. Advocate

Hon'ble R.K. Agrawal,J.

Hon’ble S.C. Agarwal,J.

The learned AGA states on instructions that charge sheet on behalf of
petitioners No. 1, 2 and 5 has already been filed in this case. As there
is no evidence against the petitioners No. 2, 4 and 6, the writ petition
on their behalf has become infructuous.

Filing of charge sheet would mean that the allegations in the writ
petition have been prima facie corroborated by evidence collected
during investigation. In such a situation, it would not be appropriate to
enter into questions of fact and to quash the first information report.
Consequently, we dismiss this writ petition without expressing any
opinion on the merits of the case.

The interim order dated 28.7.2008 is vacated.

Order Date :- 8.1.2010
AM/-