JUDGMENT :

Ashwani Kumar Mishra, J.

This writ petition seeks to assail the First Information Report, dated 27.5.2022, registered as Case Crime No. 172 of 2022 (contained in annexure No. 1 to the writ petition), under Sections 419, 420, 467, 468, 471 IPC, Police Station Sarai Inayat, District Prayagraj, on the ground that the FIR contains false accusations and that cognizance in the matter can only be taken only upon a complaint filed by the concerned Court, by virtue of Section 195 Cr.P.C., and in its absence the lodging of FIR is an abuse of the process of law.

2. In substance, the allegation in the impugned FIR is that a previous FIR, being Case Crime No. 553 of 2020, under Sections 147, 148, 323, 504, 506, 120-B, 452 and 308 IPC, was lodged by the petitioners against the informant of the present case alleging commissioning of various offences, including an offence under Section 308 IPC. It is then alleged that in order to substantiate offence under Section 308 IPC a document in the form of a medical report has been fabricated by the petitioners during the course of investigation in Case Crime No. 553 of 2020, suggesting a fracture on the head of the informant/victim, which has been later found in an inquiry to be a manipulated document. The medical report, which is alleged to be fabricated, is a C.T. Scan report purportedly issued by the Department of Radiology, Moti Lal Nehru Medical College, Prayagraj. This C.T. Scan report is at page 31 of the short counter-affidavit filed by the State. This report contains a handwritten note that ''there is fracture of frontal bone in midline extending to involve ethmoidal lamellae (B/L) with resultant frontal and ethmoidal hemosinus cauminutted fracture of B/L nasal bones and (L) zygomatu process and ant. wall of (L) masill antr''. This report is said to have been issued by Dr. M.C. Pant, who has opined that the handwritten part of the C.T. Scan report is not a part of the report actually issued by him. It has also been opined by the doctor that only non-medico reports are issued by his department and the ''M.L.C.'' mentioned in the C.T. Scan report suggesting fracture is actually never issued by his department. It is also opined in the enquiry that there was actually no fracture caused and the handwritten part of the report is a fraudulent interpolation.

3. Lodgement of the FIR against the petitioners is challenged on the ground that no interpolation is made in the C.T. Scan report by the petitioners, as the C.T. Scan report was obtained by the Investigating Officer from the hospital concerned and the petitioners cannot be made liable for it. It is also urged that lodgement of the impugned FIR is impermissible, as the same is hit by Section 195 Cr.P.C. Such contention was noticed by us vide our order dated 8.7.2022, which reads as follows:

''The allegations made in the impugned First Information Report are to the effect that for the purposes of pressing FIR, registered as Case Crime No. 172 of 2022, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Sarai Inayat, District Prayagraj, petitioners have fabricated the C.T. report under the signatures of the head of the department of Radiology.

Learned counsel for the petitioners states that such a report has not been fabricated by the petitioners inasmuch as this report was submitted by the investigating officer and not by the petitioners. It is secondly urged that the report since has been filed before the concerned Magistrate during the course of proceedings pending before it, as such the prosecution can be launched only by the Court and not by the private person.

The above contentions are disputed on behalf of the informant on the ground that the C.T. report, fabricated by the petitioners, is from S.R.N. Hospital, Prayagraj and supports the claim of petitioners as such the lodgment of the FIR is valid. It is also stated that merely because such a report was also made part of the proceedings before the Magistrate, it would not mean