Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15847 of 2020 Petitioner :- Ravi Chauhan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Tiwari,K.S. Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.0238 of 2020 under Sections 323, 504 IPC and 3(1)(r) and 3(1)(s) SC/ST Act, Police Station Bhadohi, District Bhadohi.
Learned AGA opposed the prayer for quashing of the First Information Report and stay of arrest and submitted that from the perusal of First Information Report, commission of a cognizable offence is clearly made out, therefore, the writ petition be dismissed.
One of the contentions of learned counsel for the petitioners was that respondent No.3 was not medically examined nor there is any medical report and consequently, no offence under Section 323 IPC is made out.
Having regard to the said contention, we called upon learned AGA to obtain instructions.
On matter being taken up today, learned AGA has placed on record for our perusal the instructions received by him. The report of medical examination of respondent No.3 evidences that several injuries were received by him. Injury No.2 had been caused by hard and blunt object. He further pointed out that offence under Section 325 IPC was added after the medical examination was held and that a charge sheet has already been submitted by police after concluding the investigation.
Having regard to the submissions made by the learned AGA, the instant petition is dismissed leaving it open to the petitioners to challenge the charge-sheet in the independent proceedings, if so advised.
Order Date :- 7.1.2021/Akram (Rajendra Kumar-IV,J.) (Manoj Kumar Gupta,J.)