LAWS(P&H)-2009-1-56

SARITA MAGU Vs. STATE OF HARYANA

Decided On January 16, 2009
Sarita Magu Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE prayer made in this petition filed under Section 482 Cr.PC is for quashing of FIR No. 18 dated 17.8.2005, under Sections 218, 219, 420, 120-A, 120-B IPC, registered at Police Station, State Vigilance Bureau, Rohtak.

(2.) BRIEFLY , the facts are that the FIR in question was registered on a direction given by Chief Judicial Magistrate, Rohtak on August 5, 2005 in a complaint filed by respondents Nos. 2 and 3 under Section 156(3) Cr.PC. The grouse of the complainants was that medico legal report of Ashok prepared on December 5, 2003 by Dr. Rajinder Rai was a fabricated document which resulted in registration of an FIR against the complainants and accordingly the petitioners were sought to be booked under Sections 218,219, 420, 120-A, 120-B IPC.

(3.) ON January 6, 2004, respondent No. 2 filed an application before Sub Divisional Magistrate, Charkhi Dadri with the allegations that the said Ashok Kumar had obtained the medico legal report with the connivance of petitioner No. 4 on the basis of which the FIR was registered against respondent No. 2 and accordingly, he prayed for constitution of a medical board for re- examination of Ashok Kumar. The application was referred to Medical Incharge, PGIMS, Rohtak.