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2023 Supreme(SC) 894

M. R. SHAH, C. T. RAVIKUMAR
State of Uttarakhand – Appellant
Versus
Umesh Kumar Sharma – Respondent


Advocates Appeared:
Mr. Sidharth Luthra, Sr. Advocate, Mr. S. Niranjan Reddy, Sr. Advocate, Ms. Supriya Juneja, Advocate, Ms. A. Sahitya Veena, Advocate, Ms. Akhila Palem Ramireddy, Advocate, Mr. Ayush Kaushik, Advocate, Mr. Kaustubh Seth, Advocate, Mr. Balbir Singh Sr. Advocate,/A.S.G. Dr. Abhishek Atrey, Advocate, Ms. Namita Choudhary, Advocate, Ms. Srishti Choudhary, Advocate, Mr. Kapil Sibal, Sr. Advocate, Mr. Arunabh Chowdhury, Sr. Advocate, Mr. Jayant Mohan, Advocate, Mr. Ankur Chawla, Advocate, Mr. Karan Kumar Gogna, Advocate, Mr. Amir Khan, Advocate, Mr. Akshay Sahni, Advocate, Mr. Pavan Kumar, Advocate, Mr. Ajay Vohra, Sr. Advocate, Mr. Anup Kumar, Advocate, Ms. Neha Jaiswal, Advocate, Mr. Shivam Kumar, Advocate, Ms. Shruti Singh, Advocate, Mr. Shubham Rajhans, Advocate and Ms. Pallavi Langar, Advocate, for the Appearing Parties.

ORDER

1. When the matters were heard earlier, it was brought to our notice that, during the pendency of the present proceedings, the I.O. has filed a closure report. We are literally surprised and shocked that when the criminal proceedings/FIRs were quashed by the High Court, which has been challenged by the State thereafter, how there can be a closure report by the I.O. Therefore, this Court passed the following order on 28.03.2023.

    'Learned counsel appearing for the State has submitted that now a closure report has been filed by the I.O., as per the communication dated 08.01.2023.

    On perusal of the communication, it appears that, as the matter before this Court is pending for more than two years, the I.O. has thought it fit to close the proceedings. Apart from the fact that the aforesaid can be said to be hardly a good ground to submit the closure report, merely because the proceedings are pending before this Court which are, as such, against the order passed by the High Court quashing the FIRs cannot be a ground to submit the closure report.

    Even otherwise, once the FIRs are quashed by the High Court, which are the subject-matter of the present proceedings, there is no question of t

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