Allahabad High Court
Yogendra Seth vs State Of U.P. on 5 September, 2014
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28061 of 2014
Applicant :- Yogendra Seth
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bimal Prasad
Counsel for Opposite Party :- Govt.Advocate,Ratnesh Kumar Jaiswal
Hon'ble Ramesh Sinha,J.
Sri Akhilesh Singh, learned Government Advocate has filed an affidavit of compliance report in compliance of this Court's order dated 01.09.2014 on behalf of Dr. Kundan Kumar, Chief Medical Officer, Sir Sundar Lal Hospital, B.H.U, Varanasi which is taken on record.
Heard Sri Bimal Prasad, learned counsel for the applicant, Sri Ratensh Kumar Jaiswal, learned counsel for the complainant and Sri Akhilesh Singh, learned Government Advocate assisted by Sri Vikash Sahai, learned AGA for the State and perused the record.
According to the affidavit which has been filed by Dr. Kundan Kumar that the injured was brought in critical condition in the district hospital where Dr. Kundan Kumar was posted as Medical Officer on 03.04.2014 at 11.05. P.M. and after providing him emergency medical care, he was referred for X-ray report and the X-ray of the injured was conducted by Dr.Sanjay Kumar of the said department on 07.06.2014 thereafter Dr. Kundan Kumar had no concerned with him. It has been further stated that in pursuance of the CJM order dated 18.06.2014 injury report of the injured was provided to the investigating officer on 19.06.2014. The Deputy Medical Superintendent of the said hospital has directed Dr. Sanjay Kumar to comply with the order dated 19.06.2014. On 20.06.2014 in pursuance of the said order, the Deputy Medical Superintendent of the said medical hospital has submitted the X-ray report in one sealed cover to the medical record office of the said hospital. On 14.07.2014 the investigation officer has moved an application before Medical Superintendent of Sir Sundar Lal Hospital, B.H.U., Varanasi for providing the X-ray/ CT Scan report and supplementary report of the injured for the purpose of investigation. On the said application, the Deputy Medical Superintendent has directed to Junior Assistant of the said hospital immediately to provide entire record to the investigating officer of the present case. Thereafter, he submitted a report after seeking permission to open the sealed envelop from Dr. Sanjay Kumar, in which only X-ray plate was found and no X-ray report was in the said envelop. Thus, it appears from the affidavit of Dr. Kundan Kumar that there was no fault on his part for providing the X-ray report of the injured. Hence the presence of Dr. Kundan Kumar is hereby dispensed with.
The attention of Dr. Kundan Kumar was also drawn towards the statement recorded under Section 161 Cr.P.C. by the investigating officer on 11.06.2014 which was annexed as Annexure 3 of the accompanying affidavit, wherein the investigating officer has recorded that he had asked about the injury report of the injured Ram Kishore, then it was stated by Dr. Kundan Kumar that he would produce the same when the same was summoned by the court. Dr. Kundan Kumar when was shown the said Annexure by the Government Advocate, he showed his unawareness of any such statement given by him to the Investigating Officer and has stated that his statement under Section 161 Cr.P.C. which has been annexed as Annexure-3 of the accompanying affidavit was not recorded by the Investigating Officer and he never visited to him to record such statement. The Government Advocate was also surprised on hearing the said statement of Dr. Kundan Kumar regarding Annexure-3 which has been enclosed with the affidavit and stated that the said act of the Investigating Officer cannot be appreciated and action should be taken against them. Hence, the S.P., Mirzapur is directed to look into the matter and take to task the Investigating Officer of the case in accordance with law, if the said act on his part was found to be wrong.
Looking to the nature of allegation made against the applicant and period of detention, list after four weeks.
Registrar General of this Court is directed to send the copy of this order to the Superintendent of Police, Mirzapur as well as learned AGA for its compliance.
Order Date :- 5.9.2014
Ajay
