Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 188 of 2009 Petitioner :- Jitendra & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.S. Shah 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. 2,
3 and 7 charge sheet has been filed and against the rest of the petitioners, 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 13.1.2009 is vacated.
As no evidence has been found against the petitioners No. 1, 4, 5, 6 & 8, the writ
petition has been rendered infructuous. It is accordingly dismissed.
Order Date :- 25.1.2010
AM/-