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2025 DAILYLAW 101480 (ALL)

MOHAR PAL v. STATE OF U.P. AND 8 OTHERS

CRLP/21987/2025 · 2025-10-08

Divesh Chandra Samant, Salil Kumar Rai

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21987 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. Heard the counsel for the petitioner and the A.G.A. representing State- respondents. The present petition has been filed for the following relief:- "i. To issue a writ, order or direction in the nature of mandamus directing to respondents concern to conduct re-medical examination of injuries of first informant Sarvesh Singh (respondent No.8) and Smt. Mamta (respondent no.9) by the panel of Doctors/medical board in the interest of justice and fare investigation in pursuance of F.I.R. dated 12.07.2025 registered as Case Crime No.0125 of 2025, under Sections 191(2), 115(2), 333, 352, 74, 109(1) and 351(2) B.N.S., P.S. Rijor, District Etah." The recitals in the First Information Report disclose commission of cognizable offence. The injury report has been annexed with the writ petition. The genuineness of the said injury report is a question of evidence, which shall be proved by the prosecution during the trial of the case, in case charge-sheet is filed. The petition is not maintainable and the relief prayed by the petitioner cannot be granted. For the aforesaid reason, the present writ petition is dismissed. October 9, 2025 S.A. Versus Counsel for Petitioner(s) : Onkar Nath Counsel for Respondent(s) : G.A. (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Mohar Pal .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad