Court No. - 3
Case :- WRIT - C No. - 25077 of 2020 Petitioner :- Prithvi Pal Patel Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Devi Prasad Singh,Bare Lal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
The Respondent No.6 is a complainant/victim in respect of a crime which has been reported as Case Crime No. 76 of 2020. Initially, it was registered under Sections 147, 323, 504, 506 and 452 IPC but, subsequently, on the basis of medical examination, Sections 325/308 IPC have been added.
The petitioner who is an accused of that case, seeks a direction for a remedical examination of Respondent No.6.
Whether the Respondent No.6 has suffered grievous injury or simple injury is an issue which will have to be adjudicated in the proceedings of that case therefore it would not be appropriate on our part to independently direct for remedical examination of Respondent No.6 in exercise of our writ jurisdiction.
The writ petition is dismissed without prejudice to the right of the petitioner to contest the medical report before the appropriate court and at an appropriate stage.
Order Date :- 8.1.2021 Manish Tripathi