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2025 DAILYLAW 184223 (ALL)

JUVENILE DELINQUENT X THRU. HIS MOTHER IN CASE CRIME NO / FIR NO 1664/2013 v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9299/2025 · 2025-11-13

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9299 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Ramakar Shukla, Advocate has filed power on behalf of the victims/injured persons, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the victims and learned A.G.A. for the State. 3. This application has been filed with the following prayer:- "To quash the impugned order dated 08.08.2025 passed by Juvenile Justice Board, Lucknow and impugned Revisional Order dated 26.08.2025 passed by the Incharge Sessions Judge, Lucknow in Case Crime No. 166-A/2013, u/s 323 and 326 I.P.C. To allow the application of the petitioner moved u/s 311 Cr.P.C dated 08.08.2025 for summoning the material witnesses, namely, Dr. Dileep Kumar Gupta, Bhau Rao Hospital, Mahanagar, Lucknow and Dr. Rajeev Lochan, Balrampur Hospital as well as the original medical treatment papers of the victim and his mother- Poonam Verma for just decision of the case. To direct the learned trial Court to not to pronounce the judgment till the pendency of the petition. To stay the proceedings of Crime No. 166-A/2013, u/s 323 and 326 I.P.C. pending in the Court of Juvenile Justice Board, State v. Sachin Verma Juvenile till the pendency of the petition. Versus Counsel for Applicant(s) : Girish Kumar Pande, Prashant Pandey Counsel for Opposite Party(s) : G.A. Juvenile Delinquent X Thru. His Mother In Case Crime No / Fir No 1664/2013 .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) To summon the trial Court record of the pending proceedings of Crime No. 166A/2013, u/s 323 and 326 I.P.C. pending in the Court of Juvenile Justice Board, State v. Sachin Verma Juvenile." 4. Learned counsel for the applicant submits that the Investigating Officer failed to mention the name of doctors who conducted the medico legal examination and referred the injured persons for further treatment. In this regard, Dr. Dilip Kumar Gupta and Dr. Ashok Kumar, who were posted at Bhao Rao Hospital, Mahanagar, Lucknow, may be summoned for the offense u/s 311 Cr.P.C. for proving the relevant medico legal report. It is further submitted that in the interest of substantial justice, it is necessary to examine the aforesaid doctors, hence, indulgence of this Court is required. 5. Learned A.G.A. as well as learned counsel for the victims vehemently opposes the prayer of the applicant. They jointly submit that trial of the case in question is going on since 2014 and the case is now being listed for judgement for conclusion of final hearing, at this stage, the application u/s 311 Cr.P.C. has been filed only with the intention to linger on the proceeding, hence, there is no illegality in the order passed by learned trial Court. 6. This fact has not been denied by learned counsel for the victims that the said medico legal report was not brought on record by the Investigating Officer and the same has not been proved. 7. Considering the submissions of learned counsel for the parties and perusing the impugned order, revisional order as well as other relevant materials, it is evident that the medico legal report of the injured persons was placed on the record and in the interest of justice, the same has to be proved by the doctor who prepared it. Therefore, the trial Court failed to consider this fact and rejected the application accordingly. 8. With the above observations, the present application is allowed. The impugned order dated 08.08.2025 passed by Juvenile Justice Board, Lucknow and the revisional order dated 26.08.2025 passed by the Incharge A482 No. 9299 of 2025 2 Sessions Judge, Lucknow are hereby set aside with direction to the Juvenile Justice Board to summon the aforesaid doctors for examination. 9. Office is directed to communicate this order to the Courts concerned, forthwith. November 13, 2025 Arpan A482 No. 9299 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench