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2022 Supreme(Chh) 164

GOUTAM BHADURI
Mirza Dawood Baig, S/o. Late Shri Mirza Aalam Baig – Appellant
Versus
State of Chhattisgarh Through District Magistrate, Raipur, Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sunil Sahu.
For the Respondent: Ms. M. Asha, Panel Lawyer.

ORDER :

1. Challenge in this petition is to the order dated 28-9-2021 passed by the Special/Additional Sessions Judge, Raipur, in Cr.Rev. No.58/2021 whereby the order dated 23-3-2021 passed by the Judicial Magistrate First Class, Raipur, in Cr.Case No.6998/2015 was affirmed.

2. Brief facts of this case are that charge sheet was filed against the petitioner under Sections 498-A, 323, 377/34, 406 and 506B of the Indian Penal Code on a complaint filed by the complainant namely; Smt. Shahana Gazala (respondent No.3 herein). While the proceeding was pending before the trial Court an application was filed by the Public Prosecutor under Section 173(8) Cr.P.C. with a prayer to direct further investigation for proving the offence under Section 406 of the IPC. By order dated 16-12-2016 the learned Magistrate allowed such application filed by the prosecution and directed further investigation of the matter.

3. Grievance of the petitioner is that till date the further investigation which was carried out under Section 173 (8) Cr.P.C. is not produced before the Court. It is contended on behalf of the petitioner that the outcome of investigation would be necessary in order to meet out the case by th

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