VEENA BIRBAL
Ram Singh Baliyan – Appellant
Versus
State – Respondent
Veena Birbal, J.
1. This is a petition under Section 439(2) of Cr.P.C. filed on behalf of the petitioner/complainant of FIR No.548/2013, u/s 307/308/34/120-B of IPC, P.S. Malviya Nagar wherein prayer is made for cancellation of bail granted to the respondent No.2 by this Court vide order dated 21.01.2014.
2. The allegations against the respondent No.2/accused are that on 24.10.2013 he had mercilessly beaten the petitioner/complainant along with other accused persons whereupon the petitioner was taken to AIIMS Trauma Centre by PCR. Thereupon, DD No.107B dated 24.10.2013, P.S. Malviya Nagar was recorded which was handed over to SI Manish. Thereupon, SI Manish along with Constable Aashish had gone to the spot where they came to know that the injured had been taken to AIIMS Trauma Centre. Constable Aashish was left at the spot and SI Manish left for the Trauma Centre where present petitioner was found admitted. He obtained the MLC of the injured/petitioner and the injured/petitioner was declared fit for making statement. However, the injured did not make any statement and considering the circumstances, FIR under Section 308/34 IPC was registered at P.S. Malviya Nagar on 25.10.2
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