Neutral Citation No. - 2025:AHC:122548 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 24389 of 2025 Applicant :- Amit Katiyar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by the applicant with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the impugned order dated 27.05.2025, passed by Additional Chief Judicial Magistrate, Court No. 03, Ramabainagar (Kanpur Dehat) in Case No. 38 of 2016 (State Vs. Amit Katiyar and others) arising out of Case Crime No. 152 of 2014, under Sections 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Derapur, District- Kanpur Dehat. It is further prayed to stay the further entire proceeding of Case No. 38 of 2016 (State Vs. Amit Katiyar and others) arising out of Case Crime No. 152 of 2014 under Sections 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Derapur, District-Kanpur Dehat, pending before the learned court of Additional Chief Judicial Magistrate, Court No. 03, Ramabainagar (Kanpur Dehat)." 3. The impugned order dated 27.5.2025 is an order by which the charge has been framed against the applicant. The applicant is the husband. Learned counsel for the applicant further submits that charge under Section 323 I.P.C. and under Section 504 I.P.C. has been framed without there being any medical report on record. 4. On a pointed query being made to learned counsel for the applicant as to how under Section 323 I.P.C. the medical report is pre-requisite for framing a charge, learned counsel for the applicant could not demonstrate from the record. 5. It is a settled law that under Section 323 I.P.C. even without medical report, accused can be convicted provided there is other oral evidence in respect of the same. 6. The submission of learned counsel for the applicant is devoid of merit. Accordingly, the application is dismissed. Order Date :- 25.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad