Allahabad High Court High Court

Boby & Others vs State Of U.P. & Another on 28 July, 2010

Allahabad High Court
Boby & Others vs State Of U.P. & Another on 28 July, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 2848 of 2010

Petitioner :- Boby & Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- S.M.A. Abdy
Respondent Counsel :- Govt. Advocate

Hon'ble Ashok Kumar Roopanwal,J.

It has been argued by Mr. S.M.A. Abdy, learned counsel for the revisionists
that the prosecution story as disclosed in the complaint is not believable on
the face of it. It is said that the occurrence took place on 10.3.2009 at 7.30
P.M. in which Ibrahim and Nafisa received injuries. The injury reports relied
upon by the complainant show that the medical examination was conducted
on 11.3.2009 at 9.00 P.M. and the injuries were ascertained to be fresh
meaning thereby the injuries could not have taken place at the time of the
alleged occurrence.

Issue notice to the respondents, who may file counter affidavit within three
weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List immediately thereafter.

Till then the proceedings of Special Case No. 152 of 2009 pending before the
Additioanl Sessions Judge, Jhansi, shall remain stayed.

Order Date :- 28.7.2010
Pcl