Allahabad High Court High Court

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

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

Case :- CRIMINAL MISC. WRIT PETITION No. - 13696 of 2007

Petitioner :- Pratap Singh & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Jitendra Pal Singh
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. 1,2 and 3 and no
evidence has been found against petitiner nos. 4 and 5.
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 :- 28.1.2010
samz