Court No. - 76
Case :- APPLICATION U/S 482 No. - 44527 of 2019 Applicant :- Vinay Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vishesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vishesh Kumar, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 14.03.2019 passed by the learned Chief Judicial Magistrate, Fatehpur in Case No. 234 of 2004 arising out of Crime No.110 of 2003 registered under Section 323, 504, 308, 325 I.P.C., P.S. Khaga, District Fatehpur.
It has been submitted by the learned counsel for the applicants that the informant in the present case made a complaint to the police against the applicants which was registered as N.C.R. No. 25 of 2003 under Section 323, 504 I.P.C. As per the allegations made in the F.I.R. on 30.04.2003, at about 06:30 p.m., the applicants have rebuked and assaulted the informant regarding flow of water from the drainage of their house.
After registration of the N.C.R., police prepared a Chitthi Mazrubi of the informant for the conduction of medical examination whereas the informant got himself privately examined at District Hospital, Fatehpur.
On the basis of the medical report of the opposite party no. 2, doctor gave his opinion that there is a fracture on the skull as well as on the ring finger of the informant. Therefore, supplementary medical report was submitted. On the basis of the medical report as well as supplementary medical report, police registered a case under Section 323, 504, 308, 325 I.P.C. and started the investigation.
It has been submitted by the learned counsel for the applicants that application was moved on behalf of the applicants to the Superintendent of Police, Fatehpur requesting for re-examination of the injuries of the informant by the Medical Board constituted by Chief Medical Officer, Fatehpur. The Medical Board so constituted examined the informant and came to the conclusion that the injuries which are depicted in the Medical Examination Report dated 03.05.2003 appear to be fabricated and also expressed opinion that no other injuries was caused to the injured.
Relying on the opinion of the Medical Examination Report of the Medical Board, the Investigation Officer submitted a charge-sheet against the applicants against 323 and 504 I.P.C., on which, the Chief Judicial Magistrate to take cognizance on 01.03.2004. It appears that the opposite party no. 2 moved an application for adding Sections 308 and 325 I.P.C. in the present case, on which, the Chief Judicial Magistrate took cognizance for the offence under Section 308, 325 I.P.C. and the same was challenged by means of Criminal Revision No. 151 of 2019, vide order dated 04.12.2018 and the said revision was dismissed. Against the dismissal order dated 04.12.2018, applicants filed Criminal Miscellaneous Writ Petition No. 10301 of 2014 in which an interim order was passed in favour of the applicants, thereafter, the said writ petition was dismissed.
After dismissal of the aforesaid Criminal Miscellaneous Writ Petition, the applicants appeared before the trial court. The applicants were informed by the clerical staff of the District Court, Fatehpur that file and records of the present case was misplaced and were not traceable.
The applicants was served with a summon to appear before the trial court for the offence under Sections 323, 504 I.P.C. Since, on the basis of medical examination report submitted by the Medical Board, no internal injury was found in the presence of the injured and there was no such medical report or any record to show that any such injuries was caused, therefore, the discharge application was moved on 12.12.2018 for getting themselves discharged under Section 323, 504, 325, 308 I.P.C.
Trial court vide order dated 14.03.2019, without discussing the facts of the case and without application of judicial mind has rejected the discharge application. The trial court while rejecting the discharge application has also not considered all the records regarding the aforesaid case and has also not considered the medical examination report of the Medical Board which was specially constituted on the application of the applicants. It has been submitted by the learned counsel for the applicants that he has already been released on bail and has annexed the order of granting bail as Annexure - 9 vide orders dated 23.06.2004 & 23.06.2003 to the present application.
In view of the facts and circumstances stated above, concerned court below is directed to decide the discharge application moved by the applicants afresh, in accordance with law, within a period of two months from the date of production of certified copy of this order.
Accordingly, this application stands finally disposed of.
Order Date :- 17.12.2019 Priya