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2022 Supreme(All) 1553

SAURABH SHYAM SHAMSHERY
Faisal Ashraf – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Sanjay Tiwari, Devi Prasad Tripathi.
For the Opposite Party : G.A., Mohit Singh.

JUDGMENT :

1. Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Man Singh for applicant while pressing prayer to quash cognizance order dated 09.06.2020 in Criminal Case No. 9281 of 2020 whereby Court of Chief Judicial Magistrate, Gautam Buddh Nagar took cognizance of offence under Sections 504 and 506 I.P.C. on charge sheet dated 14.02.2020 submitted in Case Crime No. 551 of 2018 (State vs. Faisal Ashraf) Police Station-Noida Sector-20, District-Gautam Buddh Nagar, as well as impugned summoning order dated 20.06.2022 whereby Sessions Judge, Gautam Budh Nagar has dismissed criminal revision no. 108 of 2022 (Faizal Ashraf vs. State of U.P. and another) mentioned only on a ground that charge sheet was submitted only on basis of written statements of witnesses which cannot be considered to be a statement recorded under Section 161 Cr.P.C. which mandatory requires that investigating officer will examine oral in person supposed to be acquainted with facts and circumstances of the case and police officers will adduce in writing any statement made to him in course of examination which may also include statement recorded by audio and video electronic means, therefore, entire inve

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