Manoj Misra, J. - (1.) Heard learned counsel for the petitioners; Sri Deepak Mishra, learned A.G.A., for the respondents 1, 2 and 3; Sri Pankaj Satsangi for the respondent no.4; and perused the record.
(2.) The instant petition seeks quashing of the first information report dated 20.11.2019 registered as Case Crime No.1164 of 2019, under Sections 420, 467, 468, 471, 193, 120-B IPC, P.S. Civil Lines, District Moradabad.
(3.) In brief the factual matrix is as under. The petitioner no.1 filed a complaint in the court of Chief Judicial Magistrate, Moradabad against three persons, namely, Ram Babu, Harpal and Rajaram, in respect of an incident dated 06.10.2017 by alleging that when he was going on a motorcycle, the accused came in a vehicle, dashed their vehicle on to the motorcycle, and, thereafter, assaulted him and left him seriously injured. Whereafter, he was brought by his associates Jagdish and others to Police Station Civil Lines, District Moradabad but his report was not registered. Consequently, he got himself medically examined at Government Hospital, Rampur Ghoghar. When, on the said complaint, the accused were summoned, accused Ram Babu (respondent no.4) and Harpal moved an anticipatory bail application No.210 of 2019 in the court of Sessions Judge, Moradabad. They claimed that the injury report submitted by the complainant was bogus. The learned District Judge called for registers of the hospital concerned and sent the same to the C.M.O., Moradabad. The C.M.O., Moradabad submitted inquiry report vide letter No. CMO/Medico Legal-Jaanch/2019/13097 dated 19.10.2019 giving his findings. On the findings in that report that there is no record available of medico legal examination and the medical officer and other employees have no knowledge with regard thereto, vide order dated 07.11.2019, the learned Sessions Judge, Moradabad granted anticipatory bail to the accused and in the concluding paragraph observed as follows:- 'However, on the basis of above discussion and mainly considering the inquiry report of CMO, mentioned above, as well as seriousness of matter, the Sr. Superintendent of Police, Moradabad is, hereby, expected to conduct the thorough investigation in the matter against the concerned person(s)/ Medical Officer(s), who is/are involved in making fake and fabricated injury reports. If necessary, the FIR be also lodged against the person(s)/ Medical Officer(s), who is/are involved in the matter accordingly. Let a copy of inquiry report conducted by C.M.O. and report of R.T.I., as above, be also sent to the S.S.P., Moradabad for perusal. The two registers, which are available with the court, may be remitted back to Sanyukt Chikitsalye Rampur Ghoghar, Moradabad, through C.M.O.' ;