Nain Singh & Others vs State Of U.P. & Others on 18 January, 2010

Court No. - 32

Case :- CRIMINAL MISC. WRIT PETITION No. - 19185 of 2007

Petitioner :- Nain Singh & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- A.N. Pandey
Respondent Counsel :- Govt. Advocate

Hon'ble R.K. Agrawal,J.

Hon’ble S.C. Agarwal,J.

It has been stated by the learned Additional Government Advocate that charge
sheet in this matter has been filed against petitioner nos.4 and 5 and there no
evidence was found against petitioner nos. 1, 2, 3 and 6.
Filing of charge sheet would mean that the allegations in the First Information
Report 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 is vacated.

Order Date :- 18.1.2010
mt