Allahabad High Court
Ram Kripal Yadav vs State Of U.P. on 19 January, 2010
Author: Alok K. Singh
Bench: Alok K. Singh
Court No. - 28 Case :- U/S 482/378/407 No. - 165 of 2010 Petitioner :- Ram Kripal Yadav Respondent :- State Of U.P. Petitioner Counsel :- Gaurav Misra Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the applicant/petitioner and learned A.G.A. and perused the record.
Learned counsel confines his prayer only to the extent that a direction may be accorded to the learned court below to examine Sri R.K. Singh, the Investigating Officer.
It is said that an application was moved by the applicant for examination of two doctors namely Dr. Madhvi Mittal and Dr. Deepak Gupta under Section 311 Cr.P.C. but the same was rejected. Concededly the medical examination in this case has been done by one Dr. Rajendra Prasad who has already been examined and the injured was never referred to the aforesaid two doctors and therefore there was no occasion for the learned lower court to have summoned them under Section 311 Cr.P.C. Therefore the learned court below rightly rejected that prayer and learned counsel for the applicant does not want to press that prayer. But he submits that while rejecting the application dated 03.07.2009 moved by the applicant/petitioner under Section 311 Cr.P.C. the learned lower court also closed the evidence without recording the statements of the Investigating Officer and fixed the case for recording the statements of the accused under Section 313 Cr.P.C. on account of which he is feeling aggrieved.
Learned A.G.A. has nothing to say substantial against it.
Having considered the aforesaid facts and circumstances in the interest of justice it appears to be a fit case for invoking inherent powers of this Court to ensure substantial justice. Therefore this petition is finally disposed of with a direction to the court below to get the Investigating Officer examined because the questionnaire dated 25.11.2009 shows that the Investigating Officer had not been examined till that date. Thereafter the statement of the accused may be recorded under Section 313 Cr.P.C.
With these observations this petition is finally disposed of.
Order Date :- 19.1.2010 PAL/