Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 19799 of 2007 Petitioner :- Sanjeev Kumar & 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 the
charge sheet in this matter has been submitted against petitioner nos.2, 3 and 4
whereas against petitioner no.1, there is no evidence.
Filing of the charge sheet against petitioner nos. 2, 3 and 4 would mean that
the allegations in the FIR 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.
Moreover the petition has become infructuous in respect of petitioner no.1.
Consequently, we dismiss this writ petition without expressing any opinion on
the merits of the case.
Order Date :- 6.1.2010
Gaurav