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2025 DAILYLAW 154789 (ALL)

ARUN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6224/2025 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46686 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6224 of 2025 Applicant :- Arun Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. 3. Instant application has been filed with the prayer to quash the order dated 17.5.25 passed in S.T. NO. 581/2021 arising out of case crime no. 03/2021 under sections 302/147/148/149/307/323/506 of IPC at P.S. Gadaganj, District -Rae Bareli and also direct to trail court to provide the copy of injury report of Ram Mahonar (deceased) to petitioner and to stay the further proceeding of the S.T. NO. 581/2021 during the pendency of this petition. 4. In-compliance with the order dated 04.08.2025, the learned A.G.A. has placed the medical examination report, which is taken on record. 5. The counsel for the applicant submitted that the proceeding under section 207 of Cr.P.C. is said to have been completed, but in fact, the copy of the medical examination report of CHC Deenshah Gaura, Raebareli was not provided, therefore, an application was moved by the applicant for providing the same, whereafter, on 03.10.2023, an order was passed and the Medico-Legal Register was directed to be placed. He submits that the applicant was seeking for the medical examination report, but only a copy of the medico-legal examination register was placed, which is not a full compliance of the proceeding under section 207 of Cr.P.C. He next added that on 22.08.2004, he moved second application whereafter, an order was passed on 22.08.2024 and the case was fixed for 30.08.2024 and without providing the copy of the medical examination report, the trial court proceeded and closed the opportunity for cross-examination of PW-1. He submits that without the medical examination report, the applicant is not in a position to cross-examine the PW-1, as it is an important evidence in the trial. He also submits that since the opportunity of cross-examination of PW-1 has been closed, thus, this will cause a great prejudice to the applicant, therefore, the trial court may be directed to open the opportunity of cross-examination of the PW-1 and provide a copy of the medical examination report of CHC, Deenshah Gaura, Raebareli. 6. On the other hand, learned A.G.A. appearing for the State on the basis of instructions submits that the medical examination report of the other injured persons are available, but so far as the injury report of Ram Manohar(deceased) is concerned, that is not available in the institutions. 7. Considering the submissions of counsel for the parties, it transpires that the medical examination report of deceased, Ram Manohar was not provided at the stage of proceeding under section 207 of Cr.P.C. The important opportunity of the applicant has been closed, therefore, but the prosecution is directed to submit a copy of the medical examination report of CHC Deenshah Gaura, Raebareli with respect to deceased, Ram Manohar, if available, before the trial court concerned, within period of ten days. 8. If such medical examination report is submitted before the trial court, the trial court shall provide a copy to the counsel for the applicant, forthwith. 9. Accordingly, the instant application is allowed. Consequently, the impugned order dated 17.05.2025 is hereby set aside. 10. The matter is remitted back to the trial court concerned to provide the copy of the medical examination report within period of three weeks to the counsel for the applicant, if it is part of case diary. 11. The opportunity for cross-examination of PW-1 is opened and the applicant is directed to remain present before the trial court on 02.09.2025 as fixed by the trial court. The aforesaid date shall not be extended, unless some exigencies are there. Order Date :- 11.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench