Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 15983 of 2008 Petitioner :- Smt. Rekha And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- H.K. Shukla 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. 1, 2, 4
and 5 whereas against petitioner no. 3, there is no evidence.
Filing of the charge-sheet against petitioner nos. 1, 2, 4 and 5 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. 3.
Consequently, we dismiss this writ petition without expressing any opinion
on the merits of the case.
Order Date :- 2.2.2010
KU