Sunita alias Soni & Ors. v. Shamim Khan, Shadab Ansari

Heard Mr. Shadab Ansari, learned Counsel for the petitioners at length in support of this petition and Mr. Anil Kumar Mishra, learned Additional Government Advocate on behalf of the State.

There is allegation in the First Information Report regarding assault upon informant's mother, after gaining entry into her home. The assault was one made by the three nominated accused, employing an iron rod, which caused the informant's mother to lose her tooth. A perusal of the injury report mentioned in the Case Diary shows that Kamla Devi wife of Pooran Chand, upon being examined, was found to have lost tooth of the left upper first molar, with clotted and fresh bleeding from sockets, associated with contusion 2 cm. x 20 cm. overlying the lip. Injury no. 1 was opined to be grievous in nature and advised to be x-rayed.

Looking to the nature of the injury, the submission of the learned Counsel for the petitioner that there was a cross version, as the petitioners were also assaulted, makes it a case which requires investigation in the first instance. If the petitioners are charge-sheeted, they can plead this 2 CRLP No. 10073 of 2026 defence of theirs at the trial, but, it is a much disputed defence, which we cannot examine in the exercise of our jurisdiction under Article 226 of the Constitution.

In the result, this petition fails and is dismissed.

The Registrar (Compliance) is directed to communicate this order to the Superintendent of Police, Firozabad and the Station House Officer, Firozabad North, Firozabad, both through the learned Chief Judicial Magistrate, Firozabad. May 5, 2026 I. Batabyal/S.K. Srivastava (Tarun Saxena,J.) (J.J. Munir,J.) ISHAN BATABYAL High Court of Judicature at Allahabad