Surendra Kumar @ Doctor Saheb & … vs State Of U.P. & Others on 21 January, 2010

Court No. - 32

Case :- CRIMINAL MISC. WRIT PETITION No. - 6794 of 2009

Petitioner :- Surendra Kumar @ Doctor Saheb & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Anil Kumar Srivastava,M.D. Singh `Shekhar'
Respondent Counsel :- Govt. Advocate

Hon'ble R.K. Agrawal,J.

Hon’ble S.C. Agarwal,J.

The learned AGA states on instructions that charge sheet has already been filed in
this case.

Filing of charge sheet would mean that the allegations in the F.I.R. 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 dated 16.4.2009 is vacated.

Order Date :- 21.1.2010
AM/-