Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 16195 of 2008 Petitioner :- Akbar Ali Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashutosh Shukla Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
It has been brought on record by the learned AGA that against the petitioner No. 1,
charge sheet has been filed and against the petitioner No. 2, no evidence has been
found.
Filing of charge sheet would mean that the allegations in the F.I.R. 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 9.9.2008 is vacated.
As no evidence has been found against the petitioner No. 2, the writ petition has
been rendered infructuous. It is accordingly dismissed.
Order Date :- 3.2.2010
AM/-