Neutral Citation No. - 2025:AHC:11961 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 35874 of 2024 Applicant :- Munesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sangeeta Shukla,Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. 2. The applicant (son of accused) has assailed the order dated 05.09.2024 passed by the Additional Chief Judicial Magistrate, Court No.3, Agra, whereby application dated 20.08.2024 moved on behalf of the present applicant, in Case Crime No.92 of 2024, under Sections 352, 351(2), 118(1), 115(2) of B.N.S.S., Police Station Dauki, District Agra, for medical re-examination of the first informant Santoshi Lal, has been rejected. 3. It is submitted that with respect to same occurrence of offence dated 20.07.2024, cross FIR has been lodged by both the parties against each other. Case Crime No.91 of 2024 has been lodged by Kali Charan against Santoshi Lal and others, however, Santoshi Lal has filed cross FIR being Case Crime No.92 of 2024 against Kali Charan and others. In the incident in question Kali Charan has sustained grievous injuries and become paralyzed. It is further submitted that to create a false case, Santoshi Lal has got himself medically examined and manipulated x-ray plate and C.T. Scan report/plate showing injuries inflicted on his body. It is submitted that several complaints have been made with regard to the aforesaid manipulation. Lastly, an application dated 7.8.2024 (Annexure No.6) has been moved before the District Magistrate bringing the aforesaid manipulation to his knowledge and prayed that Santoshi Lal may be medically re-examined by the Medical Board. On the aforesaid representation dated 07.08.2024, the District Magistrate has issued a direction for appropriate action after conducting proper inquiry, however, till date no action has been taken in pursuance of the order passed by the District Magistrate. Having been aggrieved with inaction at the part of the Medical Officer, present applicant (son of Kali Charan) has moved an application dated 20.08.2024 before the Additional Chief Judicial Magistrate, Agra in Case Crime No.92 of 2024 for constituting a medical committee/Board to medically re-examined the Santoshi Lal. Application dated 20.08.2024 moved by the present applicant has been rejected by the order impugned dated 05.09.2024 with an observation that the medical of Santoshi Lal has been conducted by the doctor, therefore, there is no justification to create doubt on the said report. 4. Having considered the rival submissions advanced by learned counsel for the applicant as well as learned A.G.A. for the State and perusal on record, it evince that the present applicant (son of Kali Charan) has throughout made a complaint questioning the medical report (C.T. Scan plate and X-ray plate) of Santoshi Lal being it manipulated, whereas, in fact no such grievous injury has been inflicted on the body of the Santoshi Lal. Conversely, Kali Charan (father of the present applicant), accused in Case Crime No.92 of 2024, is grievously injured which led to paralyses. 5. In my considered opinion, accused in Case Crime No.92 of 2024 has got legal right for fair trial. Complaint raised at the behest of the accused questioning the validity of the medical report and injuries caused to the Santoshi Lal should properly be examined. Therefore, for removal of doubt, medical committee/Board should be constituted to re-examine Santoshi Lal and his medical report with regard to the injuries inflicted on his body owing to occurrence of offence dated 20.07.2021, which has been questioned in Case Crime No.92 of 2024. Rejecting an application moved at the behest of the accused (Kali Charan) to clarify doubt would be detrimental to right of the accused for fair trial. 6. In this conspectus, as above, I am of the considered view that the medical board should have been constituted to re-examine the injuries inflicted to the Santoshi Lal in the light of the previous medical report, which is on record. Resultantly, instant application succeeds and is allowed. The order dated 05.09.2024 passed by the learned Additional Chief Judicial Magistrate, Agra is quashed and the application dated 20.08.2024 is hereby allowed. Learned A.C.J.M., concerned is hereby directed to request the Chief Medical Officer, Agra, for constituting the Medical Committee/Board to medically re-examine the first informant Santoshi Lal in Case Crime No.92 of 2024. Learned court concerned shall make an endevour to get the medical re- examination of the Santoshi Lal done and obtained medical report within a month from the date of the production of a certified copy of this order, which shall be filed before the court below within a period of three weeks from today. Order Date :- 23.1.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad