Neutral Citation No. - 2025:AHC:138937 Court No. - 79 Case :- APPLICATION U/S 482 No. - 12420 of 2015 Applicant :- Smt. Mamali Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- B.N.Singh,Santosh Kumar Singh Hon'ble Avnish Saxena,J. 1. Heard Sri Ajay Sengar, learned counsel for the applicant, learned A.G.A. for State and perused the record. 2. None appeared for opposite party no.2. 3. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the impugned order dated 11.10.2012 passed by the court of C.J.M., Jalaun at Orai in Case No.2685 of 2012 (State of U.P. Vs. Rankendra & others) under Sections 498-A, 323, 504, 506, 308 I.P.C., Police Station Kalpi, District Jalaun. 4. The applicant is one of the co-accused and related to the husband. The F.I.R. has been lodged by the father of bride. The marriage was solemnized between the daughter of informant, Pinki with Rajan, who had committed suicide. Later on, 26.07.2011, the daughter of informant was beaten by in-laws. After investigation, four persons, namely, Rankendra Singh, Smt. Mamali, Kumari Rabi and Suresh have been charged for offence under Sections 498-A, 323, 506 I.P.C. The court of Judicial Magistrate has taken the cognizance in added Section 308 I.P.C. 5. It is the contention of learned counsel for the applicant that Section 308 I.P.C. is added subsequently on the basis of medical documents produced by the victim to the investigating officer. 6. The counter affidavit has been filed by the opposite party no.2. 7. No counter affidavit has been filed by the State so far. There is no point for granting further time to the State to permit to file counter affidavit. 8. The counter affidavit filed by the opposite party no.2 reveals at page nos.17, 23 and 24, the medical reports and CT scan report of victim Smt. Pinki. The medical report at page no.23 reveals that the victim suffered lacerated wound 3cm x 1 cm bone deep present on left side of the forehead 1 cm above left eyebrow. The opinion of the doctor further reveals that the injuries caused by hard and blunt objects. The X-ray is advised. This medico legal has been carried out at EMO/CHC Kalpi, Jalaun. The CT scan of the private hospital at pg no.24 reveals that the 'small contusion haematoma is seen in right middle cranial fossa'. The record does not reveal any supplementary medical report of the doctor. In the statement of Dr. A.K. Pandey, M.D., LLR and Associates Hospital, Kanpur also reveals haematoma and grievous nature of injury. It is further mentioned in his statement under Section 161 Cr.P.C. that the injury may be fatal to life. 9. This Court has taken into consideration the rival submission made by the parties. 10. The mere writing by the doctor that the injuries are fatal to life, does not make it fatal, for which a medico legal report and supplementary report would be in support. The charge sheet is dated 04.11.2011. It is after the finalisation of charge sheet that subsequent parcha is entered with the medical report. No additional charge sheet is on record. In such a situation and circumstances, the order of cognizance dated 11.10.2012 passed by the learned Magistrate is set aside, in respect to the applicant only to the extent of taking cognizance u/s 308 Cr.P.C. passed by the court of C.J.M., Jalaun at Orai in Case No.2685 of 2012. 11. As such, the application u/s 482 Cr.P.C. is accordingly allowed. Order Date :- 14.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad