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Allahabad High Court
Raja Ram & Others vs State Of U.P. & Another on 29 January, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 374 of 2010

Petitioner :- Raja Ram & Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Arun Kumar Tiwari
Respondent Counsel :- Govt. Advocate

Hon'ble Mrs. Poonam Srivastav, J.

Heard learned counsel for revisionists and learned A.G.A. for the
State.

The order dated 9.12.2009 passed by Additional District Judge,
court no.8, Kanpur Dehat is impugned in the instant revision
whereby discharge application for offence under Section 308
I.P.C. has been rejected.

Submission is that police after completing investigation submitted
charge sheet under Sections 323, 324, 504 I.P.C. C.T. Scan report
dated 24.1.2006 was produced by Dr. A.K. Nigam which mentions
fracture of left parietal bone. The said report is annexed as
annexure no.10 to the affidavit filed in support of this revision.

The counsel for revisionists submits that no case under Section
308 I.P.C. is made out. Learned Additional District Judge, court
no.8, Kanpur Dehat, rejected the application for discharge in
Session Trial No.450 of 2009.

I have perused the order impugned. It appears that medical report
relied upon by the court is of a private doctor. This fact has not
been taken into consideration by the court below while rejecting
application for discharge for an offence under Section 308 I.P.C.

In the circumstances, the order dated 9.12.2009 passed by
Additional District Judge, court no.8, Kanpur Dehat, is set aside.
The instant revision is finally disposed of remanding the matter to
the court concerned to decide application of revisionist afresh after
taking into consideration question raised in the instant revision.

Order Date :- 29.1.2010
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