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Neutral Citation No. - 2025:AHC:141698 Court No. - 77 Case :- APPLICATION U/S 482 No. - 42123 of 2024 Applicant :- Kallu Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pusp Raj Singh,Rajesh Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to direct respondent no. 2 to re-conduct medical examination of the injured Ritik Kesharwani by the panel of three members of medical board. Further prayer has been made to stay the proceeding of Session Case no. 618 of 2023 (State vs. Kallu Yadav) arising out of Case Crime no. 193 of 2023 under sections 307 IPC & 3/25/27 of Arms Act at PS- Mau, Dsitrict Chitrakoot pending in court of District & Session Judge, Chitrakoot.
3. At the very outset, learned counsel for applicant submitted that in present case injury report of injured (informant's son) has been prepared by a private hospital which is not genuine and correct and as such present petition has been preferred seeking re-conduct of medical examination of injured by panel of three member of medical board.
4. During course of argument precise query has been raised before
learned counsel for applicant that whether any application has ever been preferred at the behest of applicant seeking re-medical examination of injured before any competent authority and if yes, whether the same has been rejected or not? Learned counsel replied that he is not aware in this regard.
5. Once, learned counsel for applicant is not well conversant with the substantial facts of the present case, he has no locus to seek aforesaid prayer through instant application. Moreover, perusal of records reveals that no such application has ever been preferred at the behest of applicant before learned Magistrate concerned seeking re-medical examination of injured. Thus, applicant is already having alternative remedy for seeking aforesaid prayer.
6. In view of foregoing discussion, present application lacks merit hence dismissed.
Order Date :- 19.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad