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Supreme Court - Daily Orders

Parvez Shahjahan vs State Of Up on 3 March, 2023

Bench: Hrishikesh Roy, Sanjay Karol

                                                   1


     ITEM NO.34                           COURT NO.16                  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.)               No(s).2672/2023

     (Arising out of impugned final judgment and order dated 24-11-2022
     in A482 No.1835/2022 passed by the High Court Of Judicature At
     Allahabad)

     PARVEZ SHAHJAHAN & ORS.                                           Petitioner(s)

                                                 VERSUS

     STATE OF UP & ANR.                                                Respondent(s)

     (FOR ADMISSION and I.R. and IA No.41452/2023-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.41453/2023-EXEMPTION FROM
     FILING O.T. )

     Date : 03-03-2023 This petition was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE HRISHIKESH ROY
                          HON'BLE MR. JUSTICE SANJAY KAROL


     For Petitioner(s)                Mr. Varinder Kumar Sharma, AOR
                                      Mr. Yugal Kishore Prasad, Adv.
                                      Mr. Praul Sharma, Adv.
                                      Mr. Shantanu Sharma, Adv.
                                      Mr. Bishan Dass, Adv.
                                      Mr. R. S. Mishra, Adv.
                                      Mr. Dharm Pal Saini, Adv.
     For Respondent(s)


                           UPON hearing the counsel the Court made the following

                                              O R D E R

Mr. Varinder Kumar Sharma, learned counsel appearing for the petitioners submits that the court could not have Signature Not Verified taken cognizance and issued summons against the accused on Digitally signed by Deepak Singh Date: 2023.03.04 13:29:11 IST Reason: the basis of the supplementary chargesheet. However, we find that the High Court had noted that when the first 2 chargesheet was filed, the investigation was incomplete and was continuing. This is contended to be an erroneous finding of the High Court.

In view of the above, the learned counsel prays for the liberty to withdraw this petition and move the High Court in its review jurisdiction. The Special Leave Petition is accordingly dismissed as not pressed reserving the liberty as prayed for.

(DEEPAK JOSHI)                                   (KAMLESH RAWAT)
COURT MASTER (SH)                               ASSISTANT REGISTRAR