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2023 Supreme(All) 1312

SAURABH SHYAM SHAMSHERY
Parvez Shahjahan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M J Akhtar
For the Respondent: Praveen Kumar Giri, Shadab Alam

JUDGMENT :

1. This is an application for restoration/recall of judgment and order dated 24.11.2022 passed by this Court in above captioned case. Conclusion of the order dated 24.11.2022, as mentioned in paragraphs no. 23 and 24, are reproduced hereinafter:

    “23. In view of above discussion, I come to conclusion that -: (1) In pursuance of F.I.R. referred above, the investigation was conducted and a charge sheet was filed on 03.04.2020 under Section 173 (2) Cr.P.C. for offence under Sections 323, 504, 506 and 336 I.P.C. against four applicants except applicant No.2 but the learned trial Court has not taken cognizance on it.

(2) The Superintendent of Police, Azamgarh on the basis of an application filed by complainant has directed for further investigation and not reinvestigation, therefore, there was no illegality in the order of further investigation.

(3) After further investigation, on the basis of evidence of doctor and report of CT Scan, supplementary charge sheet was filed on 13.07.2020 against all the applicants for committing offence under Sections 336, 323, 504, 506, 147, 308, 452 I.P.C., therefore, there was no abuse of process in the submission of supplementary charge sheet. (4

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