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RAMKUMAR GIRI v. THE STATE

Supreme Court of India | Diary 38490/2023

Status

Order

Decided On

2024-11-26

Bench

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

RAMKUMAR GIRI

Respondent

THE STATE

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).4786 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).12210/2023)

RAMKUMAR GIRI APPELLANT(S)

VERSUS

THE STATE & ANR. RESPONDENT(S)

WITH

CRIMINAL APPEAL NO(S).4787 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).13206/2023)

CRIMINAL APPEAL NO(S).4788 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).16489/2023)

CRIMINAL APPEAL NO(S).4789 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).16490/2023)

O R D E R

1. Heard the learned counsel appearing for the parties.

2. Leave granted.

3. These Appeals arise out of a First Information Report (for

short, “the FIR”) being Crime No.69/2006 registered at the instance

of the second respondent with Surandai Police Station,

Tirunvelveli.

4. On 31st May, 2006, a final report was filed in which the

Investigating Officer recorded a conclusion that the complaint

filed by the second respondent shall be treated as a mistake of

fact as no evidence has been found at the place of occurrence of

having damaged the road by removing sand and gravel in four

vehicles at the time of occurrence. The second respondent filed an

application before the jurisdictional Judicial Magistrate seeking

re-investigation. On 8th October, 2007, the learned Judicial

1

Magistrate ordered re-investigation. After re-investi...

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