Bijendra vs State Of U.P. And 4 Others
2022 Latest Caselaw 21069 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 1384 of 2022
 
Appellant :- Bijendra
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Sunil Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ali Zamin,J.

Leave to appeal is granted.

Heard learned counsel for the appellant on admission.

Learned counsel for the appellant submits that informant/injured was also medically examined who was brought by homeguard and he had received five injuries in the incident but opposite parties have been acquitted on the ground of lodging delayed FIR, therefore, impugned judgment and order is not sustainable.

Learned A.G.A. has opposed the appeal by submitting that no explanation about delay in lodging the FIR was given by the appellant. Learned trial court also held that alleged injuries were not received at the time of incident. The trial court rightly applying its mind has acquitted the opposite parties.

According to prosecution on 20.11.2014 at about 3.00 p.m. respondent committed marpeet with the informant and FIR has been lodged on 22.11.2014 at about 06.30 p.m..

From the perusal of the impugned judgment and order it is evident that the doctor- Vikas Kahra P.W. 4 has clearly stated that the alleged injuries are possible after 8.15 morning of 21.11.2014 and before the night at about 8.15 of 22.11.2014 alleged injuries are not possible at 3.00 p.m. on 20.11.2014 and according to the injured/informant the incident has occurred on 20.11.2014 at about 3.00 p.m.

In view of the prosecution case and of the doctor with regard to receiving of the injury to the injured as well as admittedly delayed FIR by the appellant it appears that no illegality and irregularity has been caused in passing the impugned judgment and order. Therefore, the appeal lacks merit and it is liable to be dismissed at the admission stage.

Accordingly, it is dismissed.

Order Date :- 14.12.2022/-MAA/-