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2025 DAILYLAW 101079 (ALL)

SUMIT AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHER

CRLP/21703/2025 · 2025-10-07

J J Munir, Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21703 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. The petitioners have come up with a prayer that FIR giving rise to Case Crime No.150 of 2025, under Section 115(2), 352, 351(2) BNS, 2023, Police Station Kotwali, District Rampur, be quashed. The allegations in the FIR say that the informant was assaulted by the petitioners, who are brothers, employing a stick (Danda), resulting in serious injuries. They left the place holding out threat of doing the informant to death. Learned counsel for the petitioners has argued that the allegations are mala fide and there is no material in support of the FIR collected by the prosecution. In paragraph no. 6 of the writ petition, it is alleged that though the informant says that he was badly injured but he was not medically examined by any Medical Officer nor any injury has been reported. Mr. Anil Kumar Mishra, learned AGA has produced the Case Diary before us, where there is a Medico Legal Report of injury dated 31.08.2025, which shows the informant has sustained the following injuries: "1. L/W 3 CM X 0.5 CM over left side of head, extending from occipital to parietal region. 2. L/W 2 CM X 0.5 CM over left side of head, occipital region 1 CM away down from injury number 1st. Versus Counsel for Petitioner(s) : Hemant Kumar Rai Counsel for Respondent(s) : G.A. Sumit And Another .....Petitioner(s) State Of Uttar Pradesh And 3 Other .....Respondent(s) 3. L/W 3 CM x 0.8 CM over left ear KUO refer to ENT Surgeon for expert opinion & management." The Doctor has further opined in the report aforesaid: "Injury No.1 and 2 are simple in nature and injury no.3 is KUO refer to ENT surgeon for expert opinion & management." A reading of this Medico Legal Report shows that the petitioners' case, that no injury has been sustained, is absolutely without basis. There are materials in the case diary on which the police can proceed. So far as the other contentions advanced by learned counsel for the petitioners are concerned, in the circumstances of the case, these are disputed defences that have to be investigated and later determined at the trial, if the petitioners are charge-sheeted. In any event of the matter, no case for interference with the impugned FIR is made out. This writ petition is summarily dismissed. October 8, 2025 Subham CRLP No. 21703 of 2025 2 (Sanjiv Kumar,J.) (J.J. Munir,J.) Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad