Allahabad High Court
Smt. Kanak Tiwari And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 4 October, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:63549 Court No. - 12 Case :- APPLICATION U/S 482 No. - 9118 of 2023 Applicant :- Smt. Kanak Tiwari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
2. The present application has been filed for quashing the impugned order dated 31.07.2023 passed by learned District and Sessions Judge/F.T.C., District- Unnao.
3. On 25.09.2023 following order was passed:-
"1. In pursuance of order dated 20.9.2023, Mr. Ashutosh Kumar, Circle Officer, Police Station Kotwali, District Unnao is present and place the case diary and stated that in parcha no.2 description of medico legal report is mentioned by the Investigating officer and also requested for two days time to produce medico legal examination report of alleged injured Smt. Dharmawati W/o Late Krishna Kumar, R/o House No.84, Duprapur, Police Station Kotwali, Unnao which was done on 24.7.2017 by Dr. Gaurav Agarwal in District Hospital, Unnao.
2. List this case on 4.10.2023.
3. On the next date, Officer present today shall appear again."
4. Certified copy of medico legal examination of alleged injured provided by Mr. Ashutosh Kumar, Deputy Superintendent of Police is taken on record.
5. In pursuance of aforesaid order, Deputy Superintendent of Police- Mr. Ashutosh Kumar, Circle Officer, Police Station- Kotwali, District- Unnao is present today before this Court. He places medico legal report ofSmt. Dharmwati W/o Late Krishna Kumar, R/o House No.84, Duprapur, Police Station Kotwali, Unnao dated 24.04.2017 at 01:40 p.m. which is duly certified by Chief Pharmacist, District Hospital, Unnao.
6. Learned counsel for the applicants submits that applicants have been falsely implicated in the present case and charge-sheet was filed by Investigating Officer in the most mechanical manner. He further submits that trial was proceeded by learned trial court without availability of medico legal report of the alleged injured. He further submits that medico legal report was not available in the police report despite the fact that description of medico legal report was mentioned by Investigating Officer in enclosure of parcha No.02 of the case diary. It is further submitted that Dr. Gaurav Agarwal, who has conducted medical examination of the alleged injured, was summoned. It is further submitted that one application was moved by applicant for providing the copy of the medico legal report of the victim but learned trial court rejected the said application with the observation that at the time of providing the documents U/s 207 Cr.P.C., all these documents were provided. It is also submitted that police report was also placed before this Court on the last date but the medico legal report was not available in the said police report, thereafter, as per the direction of this Court, a certified copy of medico legal report was obtained by Deputy Superintendent of Police, namely, Mr. Ashutosh Kumar which is placed before this Court.
7. Learned A.G.A. opposes the prayer of applicant but he does not dispute over the above submissions.
8. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application as well as other relevant documents; it is undisputed fact that medico legal report was missing from the police report which was submitted before learned trial court but now at this stage, the certified copy of medico legal report of injured, namely,Smt. Dharmawati W/o Late Krishna Kumar is available. In such circumstances, this Court is of the view that the impugned order dated 31.07.2023 passed by learned District and Sessions Judge/F.T.C., District- Unnao is set aside with the direction to trial court that copy of medico legal report of alleged injured be handed over to applicant.
9. Mr. Ashutosh Kumar, Deputy Superintendent of Police is also directed to submit the above medico legal report before trial court along with proper application within ten days from today.
10. Trial court is further directed to examine all necessary witnesses in accordance with law.
11. With the above directions, the present application U/s 482 Cr.P.C. is allowed.
12. Office is directed to communicate this order to trial court, forthwith.
Order Date :- 4.10.2023 Arpan