PREET KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY.HOME LKO AND 3 OTHERS
CRLP/5764/2025 · 2025-07-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148302 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36949-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5764 of 2025 Petitioner :- Preet Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy.Home Lko And 3 Others Counsel for Petitioner :- Rajeev Kumar Mishra Rudra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for petitioners as well as learned A.G.A., who appears for the State/respondents and perused the record. 2. By means of this petition, the petitioners have sought quashing of F.I.R. dated 21.01.2025 bearing Case Crime No.0031 of 2025 for the offence under Sections 167, 193, 120-B, 467, 468, 471 I.P.C. registered at Police Station Khairighat, District Bahraich. 3. It has been submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the impugned F.I.R., which alleges that the petitioners were instrumental in preparing forged/incorrect medico-legal certificate in collusion with the Doctor and Technician of the Maharaja Suhel Dev Autonomous State Medical College, Bahraich. 4. It has also been stated that opposite party no.4 along with other family members had brutally assaulted the father of the petitioners on 02.07.2020 and his medical examination was conducted and thereafter F.I.R. bearing Case Crime No.205 of 2020, under Sections 323, 504, 308 I.P.C., Police Station Khairighat, Bahraich was lodged against opposite party no.4. Later on opposite party no.4 made an application before the court on 01.08.2024 alleging that the medico- legal certificate on the basis of which, F.I.R. was lodged by the petitioners, was forged. An inquiry was conducted in the matter in which the petitioners were absolved in the sense that medical report
that was submitted by them in the court, was found to be correct and original report. 5. Learned A.G.A. has seriously disputed this argument and has produced before this Court instructions sent by Sub Inspector Ram Pravesh Yadav, Police Station Khairighat, Bahraich dated 28.06.2025, wherein it has been stated in paragraph no.6 that initially a report of N.A.D. (No Abnormality Detected) was prepared. This M.L.C. No.952 dated 28.07.2020 was torn out of the original papers and a forged M.L.C. of the same number with the help of Technician of the Radiology Department of the said Medical College was prepared. 6.
When the application was made by the opposite party no.4, the trial court has summoned a report from the C.M.S. and he had indicated that an incorrect report showing fracture has been fabricated. The Doctor, to whom the matter was referred, one Dr. F.R. Malik had not found any abnormality or fracture. Co-accused Radiologist Dr. Kishun Kumar and Technian Dr. Bhikhari Singh Parihar have been found to be habitual of fabricating documents. The instructions produced by learned A.G.A. are taken on record. 7. In view of the aforesaid facts and circumstances of this case, this Court finds no good ground to interfere in the impugned F.I.R.
8. Accordingly, writ petition is dismissed. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 1.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench