In a criminal miscellaneous writ petition, the Allahabad High Court dismissed the petitioners' request to extend an interim order restricting their appearance before a Medical Board, noting that initiation by the Investigating Officer is required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 815 of 2024
Petitioner :- Rajiv Kumar Yadav And Others Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health U.P. Lko. And Others Counsel for Petitioner :- Chandra Prakash Singh,Kiran
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
Learned counsel for the petitioners has pointed out the Court's Order dated 06.02.2024.
We have perused the order dated 06.02.2024, which is quoted hereinbelow :
"Heard.
Learned A.G.A. says that chargesheet has already been prepared against the accused on 29.11.2023 and has been submitted to the supervisory authority. However, on being asked as to under what authority, C.M.O., Hardoi has constituted Medical Board on the application of the accused, that too after more than one and a half months, for medical examination of the informant who is injured, unless of course, it is the Investigating Officer who has initiated any process in this regard, he submitted that he shall seek instructions and apprise the Court.
List on 13.02.2024 as fresh.
Till the next date of listing, the petitioners shall not be compelled to appear before the Medical Board unless this process is initiated by the Investigating Officer as per law."
Learned A.G.A., on the basis of judgment rendered by a Division Bench of this Court in Criminal Misc. Writ Petition No.6319 of 2013 "Radha Krishna vs. State of U.P. and others" decided on 06.05.2013, has referred to the District Magistrate's power under Rule 6 Chapter I of the U.P. Police
Regulation, wherein the District Magistrate has been referred to as the head of criminal administration of District and having supervisory power for ensuring fair investigation also, has been mentioned.
Learned counsel for the petitioners prays for further time to prepare the matter.
List this matter in the next week.
Interim order granted earlier is not extended.
Order Date :- 13.2.2024 Mahesh
Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the petitioner should be compelled to appear before the Medical Board before the Investigating Officer initiates the process.
Whether to extend the interim order restricting the petitioner's appearance.
Colour shows how this judgement treated each authority
Radha Krishna vs. State of U.P. and othersReferred¶13
Criminal Misc. Writ Petition No.6319 of 2013 'Radha Krishna vs. State of U.P. and others'
Rajiv Kumar Yadav
State Of U.P.
Sangeeta Chandra
Ajai Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
