Allahabad High Court
Krishna Kumar And 3 Others vs State Of U.P. And Another on 13 September, 2022
Author: Ajai Tyagi
Bench: Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- APPLICATION U/S 482 No. - 27112 of 2021 Applicant :- Krishna Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Mishra Counsel for Opposite Party :- G.A.,Awadhesh Kumar Mishra Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 31.1.2021 under Sections 323, 504, 452, 427, 506, 147, 325 and 308 IPC against the applicants in Criminal Case No.506 of 2021 (State vs. Krishna Kumar and other) arising out of Case Crime No.06 of 2021, Police Station-Gopiganj, District-Bhadohi and also Summoning order dated 16.2.2021, 16.3.2021 and the bailable warrant dated 21.10.2021.
Learned counsel for the applicants has submitted that first information report as Case Crime No.06 of 2021 under Sections 323, 504, 452, 427, 506 IPC was lodged against accused persons in which after investigation, Investigating Officer has submitted charge-sheet under Sections 323, 504, 452, 427, 506, 147, 325 and 308 IPC. Learned counsel at the very outset has submitted that cognizance has also been taken with regard to the offences mentioned in the charge-sheet. It is next submitted that on the basis of Radiology-report of injured, namely, Sashwat, charge-sheet is filed under Section 308 IPC also, but in the aforesaid Radiology-report, injury is shown at left parietal and temporal bone while injury report of doctor, who has first examined the injured goes to show that injury is shown at right-forehead above right eye-bro.
It is vehemently submitted that there is discrepancy between the injury report and Radiology-report with regard to the seat of injury. Hence, no offence under Section 308 IPC is made out against the applicants. Learned counsel has further submitted that another first information report was lodged by nephew of injured-Sashwat under Sections 323, 504 and 506 IPC, in which also charge-sheet was submitted by Investigating Officer. It is next submitted that trial in pursuance of FIR No.6 of 2021 is going on in the court of sessions, but another charge-sheet arising out of Case Crime No.7 of 2021 is pending before the Magistrate.
Learned AGA opposed the application.
Learned counsel has emphasized that there is discrepancy between the injury report and Radiology-report of injured-Sashwat with regard to seat of injury because the examining doctor has shown injury on the rightside of forehead, but in Radiology-report, fractures of parietal and temporal bone are shown on the leftside.
This question can be considered by trial court at the stage of framing of charge. Learned counsel may take the aforesaid ground before trial court at the stage of framing of the charge. Entire charge-sheet cannot be quashed on the aforesaid ground. Learned counsel has raised concern that cross case triable by Magistrate is still lying in the court of Magistrate. If it is so, the concerned Magistrate is directed to commit the aforesaid case to the court of sessions, which can be tried with cross-case. Learned Magistrate can do this exercise if both the cases are cross-case of each other.
In the backdrop of aforesaid circumstances and legal position, this application u/S 482 Cr.P.C. is liable to be dismissed and is, accordingly, dismissed.
Order Date :- 13.9.2022 LNTripathi