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2024 Supreme(Online)(SC) 11553

SUPREME COURT OF INDIA
SHASHI KIRAN – Appellant
Versus
AMIT KUMAR – Respondent


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 v

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