Allahabad High Court High Court

Gujarati Devi vs State Of U.P. & Others on 3 February, 2010

Allahabad High Court
Gujarati Devi vs State Of U.P. & Others on 3 February, 2010
Court No. - 32

Case :- CRIMINAL MISC. WRIT PETITION No. - 16395 of 2008

Petitioner :- Gujarati Devi
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Ashwani Kumar Yadav
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 has already been filed in
this case.

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 11.9.2008 is vacated.

Order Date :- 3.2.2010
AM/-