- (1.) The petition seeks issuance of a writ in the nature of Certiorari quashing First Information Report No.294 of 2018, under Section 395, 397, 341, 384, 506 Indian Penal Code, Police Station Amethi, District Amethi.
(2.) We have heard learned counsel for the petitioner, Shri Ramakar Shukla, learned counsel for respondent no.4 and Ms.Smiti Sahay, learned counsel for the State.
(3.) Order dated 27.10.2018 notices the gist of the issue raised by the petitioner. The order reads as under :- "1. The petition seeks issuance of a writ in the nature of Certiorari quashing First Information Report No.294 of 2018 under Section 395, 397, 341, 384, 506 Indian Penal Code, Police Station Amethi, District Amethi. 2. We have heard learned counsel for the petitioner and learned counsel for the State Smt. Smiti Sahay. 3. Shri Ramakar Shukla, Advocate has filed his Power of Attorney on behalf of respondent no.4 in Court, which is taken on record. His name shall be printed in the cause list as counsel for the respondent no.4. 4. We have gone through the contents of the impugned First Information Report. 5. Contention of learned counsel for the petitioner is that the impugned First Information Report has been registered in counter blast to Annexure-2. After registration of First Information Report No.106 of 2018 dated 18.7.2018 Police Station Kohdaur, District Pratapgarh under Sections 507, 323, 506, 504 Indian Penal Code, the accused were sent to jail. On release on bail the impugned criminal proceedings have been initiated vide the impugned First Information Report dated 11.10.2018. It has been pleaded that the impugned First Information Report has been registered in abuse of process of the law and process of the court. 6. Learned counsel for the State states that to her information injuries were caused on the person of Vikram Singh, respondent no.4 complainant. As many as 11 injuries were caused out of which four injuries were kept under observation. Photocopy of the injury report has been produced in court. 7. We find that although number of injuries can be deciphered, the seat of injuries and nature of injuries cannot be deciphered on account of bad handwriting of the Doctor. We hereby direct the Doctor who authored the report dated 11.10.2018 after examination of Vikram Singh to remain present in Court along with typed copy of the injury report, on the next date of listing. The said Doctor shall also come prepared in regard to further examination of the injured in respect to injury numbers 1,2,10,11. 8. In the meantime, the petitioner be taken in custody only if incriminating evidence against the petitioner is found. 9. List on 31.10.2018 as fresh high up in the list. 10. Let counter affidavit be filed.";