Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 14112 of 2008 Petitioner :- Shahid & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- M.A. Khan Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
It has been stated by the learned Addl. Government Advocate that the
charge-sheet in this matter has been submitted against petitioner nos. 2, 4 and
9 whereas against petitioner nos. 1, 3, 5, 6, 7 and 8, there is no evidence.
Filing of the charge-sheet against petitioner nos. 2, 4 and 9 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 petitioners no. 1,
3, 5, 6, 7 and 8.
Consequently, we dismiss this writ petition without expressing any opinion
on the merits of the case.
Order Date :- 19.1.2010
KU