Dismissed¶¶13

Amit Katiyar v. State of U.P. and Another

Allahabad HC14 Jul 2025NA528/24389/2025

Case brief

AI extract

What is this about?

Quashing of charge-framing order; medical report not a pre-requisite for framing charge under Section 323 I.P.C.; conviction possible on other oral evidence without medical report; application under S. 528 BNSS dismissed; Sections 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act; Case Crime No. 152 of 2014; Kanpur Dehat; Amit Katiyar Vs. State of U.P.; Allahabad High Court, 2025.

What did the court decide?

Under Section 323 I.P.C., even without a medical report, an accused can be convicted provided there is other oral evidence; absence of a medical report is therefore no ground against the charge framed under Sections 323 and 504 I.P.C. ¶¶12

Amit Katiyar vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:122548

¶2

Court No. - 76

¶3

Case :- APPLICATION U/S 528 BNSS No. - 24389 of 2025

¶4

Applicant :- Amit Katiyar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vikram D. Chauhan,J.

¶6

Heard learned counsel for the applicant and learned AGA for the State.

¶7

This application has been filed by the applicant with the following prayer :-

¶8

" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the impugned order dated 27.05.2025, passed by Additional Chief Judicial Magistrate, Court No. 03, Ramabainagar (Kanpur Dehat) in Case No. 38 of 2016 (State Vs. Amit Katiyar and others) arising out of Case Crime No. 152 of 2014, under Sections 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Derapur, DistrictKanpur Dehat.

¶9

It is further prayed to stay the further entire proceeding of Case No. 38 of 2016 (State Vs. Amit Katiyar and others) arising out of Case Crime No. 152 of 2014 under Sections 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Derapur, District-Kanpur Dehat, pending before the learned court of Additional Chief Judicial Magistrate, Court No. 03, Ramabainagar (Kanpur Dehat). "

¶10

The impugned order dated 27.5.2025 is an order by which the charge has been framed against the applicant. The applicant is the husband. Learned counsel for the applicant further submits that charge under Section 323 I.P.C. and under Section 504 I.P.C. has been framed without there being any medical report on record.

¶11

On a pointed query being made to learned counsel for the applicant as to how under Section 323 I.P.C. the medical report is pre-requisite for framing a charge, learned counsel for the applicant could not demonstrate from the record.

¶12

It is a settled law that under Section 323 I.P.C. even without medical report, accused can be convicted provided there is other oral evidence in respect of the same.

¶13

The submission of learned counsel for the applicant is devoid of merit. Accordingly, the application is dismissed.

¶14

Order Date :- 25.7.2025 VMA

¶15

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Amit Katiyar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Amit Katiyar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vakil Ahmad and 5 Others Vs State of U.P. and Another

Shiv Prasad Gupta Vs State of U.P. and Another

Smt. Saraswati and Another Vs State of U.P. and Another

Rajeev Kumar and Another vs State of U.P. and Another

Rahul and 5 Others vs State of U.P. and Another

Chand and 6 Others vs State of U.P. and Another