Allahabad High Court High Court

Amar Singh & Others vs State Of U.P. & Others on 28 January, 2010

Allahabad High Court
Amar Singh & Others vs State Of U.P. & Others on 28 January, 2010
Court No. - 32

Case :- CRIMINAL MISC. WRIT PETITION No. - 15355 of 2008

Petitioner :- Amar Singh & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Sushil Kumar
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 petitioners No. 3
to 5 and 8 no evidence has been found whereas, against the petitioners No. 1, 2, 6
and 7, charge sheet has been filed.

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 27.8.2008 is vacated.

As no evidence has been found against the petitioners No. 3 to 5 and 8, the writ
petition has been rendered infructuous. It is accordingly dismissed.

Order Date :- 28.1.2010
AM/-