O R D E R

Leave granted.

In our opinion, neither the impugned judgment dated

24.08.2023 passed by the High Court of Judicature at Allahabad in the applications filed under Section 482 CrPC, bearing Nos. 7214 of 2019 and 7210 of 2019, nor the order dated 05.12.2018 passed by the Chief Judicial Magistrate, Jaunpur, Uttar Pradesh, taking cognizance, are sustainable.

The impugned judgment, in paragraph 14, records that the Investigating Officer had not properly carried out the investigation and had submitted/filed the charge sheet in a routine and casual manner. If that was the case, the matter should have been remitted to the trial court and/or directions for further Signature Not Verified Digitally signed by babita pandey Date: i202n4.0v8.29estigation should have been issued.

Reason:

The order dated 05.12.2018 passed by the Chief Judicial Magistrate, Jaunpur, Uttar Pradesh, taking cognizance, is based upon the charge sheet/final report, which is bereft of full particulars and details. In these circumstances, the Chief Judicial Magistrate, Jaunpur, Uttar Pradesh, should have followed the judgment of this Court in “Sharif Ahmed and Another v. State of Uttar Pradesh and Another”1.

Keeping in view the issues and parameters laid down by this Court in Sharif Ahmed (supra) and the reasons stated, we allow the present appeals and quash the order dated 24.08.2023 passed by the High Court of Judicature at Allahabad in the application filed under Section 482 CrPC, viz., No. 7214 of 2019, titled “Amit Kumar v. State of Uttar Pradesh and Another”, and the application under Section 482 CrPC, viz., No. 7210 of 2019, titled “Vipul Prasad v.

State of Uttar Pradesh and Another”.

Similarly, and for the reasons recorded, we also quash the order dated 05.12.2018 passed by the Chief Judicial Magistrate, Jaunpur, Uttar Pradesh in Case No. 2240 of 2018, titled “State v.

Amit Kumar”.

The matter is remitted to the Court of the Chief Judicial Magistrate, Jaunpur, Uttar Pradesh, to proceed in accordance with law.

We clarify that we have not expressed any opinion on the merits of the case.

All pleas and contentions of the parties are left open.

1 2024 SCC OnLine SC 726 Pending application(s), if any, shall stand disposed of.

..................J.

(SANJIV KHANNA)

..................J.

(SANJAY KUMAR)

..................J.

(R. MAHADEVAN)

NEW DELHI;

AUGUST 23, 2024.

ITEM NO.17 COURT NO.2 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) Nos. 807-808/2024 (Arising out of impugned final judgment and order dated 24-08-2023 in A482 No. 7214/2019 24-08-2023 in A482 No. 7210/2019 passed by the High Court of Judicature at Allahabad)

SHASHI KIRAN Petitioner(s)

VERSUS AMIT KUMAR & ANR. ETC. Respondent(s)

(IA No. 7517/2024 - EXEMPTION FROM FILING O.T.)

WITH Diary No(s). 23480/2024 (II)

(IA No. 170532/2024 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Date : 23-08-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Syed Ahmed Saud, Adv.

Mr. Mohd Parvez Dabas, Adv.

Mr. Daanish Ahmed Syed, Adv. Mr. Uzmi Jameel Husain, Adv.

Mr. Mohd. Sahib, Adv.

M/s. Shakil Ahmad Syed, AOR Mr. Abhishek Yadav, AOR Mr. Saurabh Yadav, Adv.

For Respondent(s) Mr. Siddharth Dave, Sr. Adv.

Ms. Vibha Datta Makhija, Sr. Adv.

Mr. Mohd. Yasir Abbasi, Adv.

Mr. Shariq Ahmed, Adv.

M/s. Shakil Ahmad Syed, AOR Mr. Garvesh Kabra, AOR Mr. Amit Sngh, Adv.

Mrs. Pooja Kabra, Adv.

UPON hearing the counsel, the Court made the following

O R D E R

SLP (Crl.) Nos. 807-808/2024 Leave granted.

The appeals are allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

SLP (Crl.) Diary No. 23480/2024 Delay condoned.

We are not inclined to interfere with the impugned judgment and, hence, the present special leave petitions are dismissed.

Pending application(s), if any, shall stand disposed of.

(BABITA PANDEY) (R.S. NARAYANAN)

COURT M