Court No. - 5 Case :- U/S 482/378/407 No. - 1064 of 2009 Petitioner :- Badri Nath Tiwari Respondent :- State Of U.P. Petitioner Counsel :- Girdhari Lal Shukla Respondent Counsel :- Govt. Advocate,Vinod Kumar Singh Hon'ble Vedpal,J.
Sufficient time was granted to learned counsel for the petitioner to file
rejoinder affidavit but it has not been filed and he is ready to argue that case.
This petition under Section 482 of the Cr. P.C. has been filed for quashing of
the order dated 17.2.2009 passed by learned Sessions Judge, Gonda in S. T.
No. 266 of 2007 Crime No. 14/07 under Section 147,148,149,302 I.P.C.
Police Station Katra Bazar, District Gonda contained in Annexure no.1.
It has been submitted learned counsel for the petitioner who was complainant
before the court below that the prosecution had moved an application for
summoning the register of injury reports to get injury of Parashu Ram proved
but the learned court below without assigning any reason rejected the
application by a non speaking order, and as such the order cannot be sustained
and is liable to be set aside.
Learned counsel for the opposite parties who were accused before the court
below has no objection if the register of injury reports is summoned.
In view of the above, the petition is allowed. The impugned order dated
17.2.2009 passed by the learned court below is hereby set aside. The learned
trial court is directed to summon the register of injury reports so that the
prosecution may be able to prove injury report of accused Parashu Ram.
The case has already become very old. Therefore, the learned court below
shall expedite the proceeding. The order shall be communicated to the court
below within a week by the office. The parties shall appear there on
23.7.2010.
Order Date :- 5.7.2010
Mahesh