- (1.) Heard Sri Upendra Upadhyay, learned counsel for the petitioner and Sri Neeraj Kanta Verma, learned Additional Government Advocate for the State of U.P.
(2.) This writ petition has been filed by the petitioner Radha Krishna for the following prayer : 1.issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.3.2013 (Annexure-3 to the writ petition) passed by the District Magistrate, District Etah and Chief Medical Officer, Etah i.e. respondent no. 2 and 3 respectively on the application of the respondent no. 4. 2.Issue a writ, order or direction in the nature of mandamus commanding the respondents not to compel the petitioner for re-medical in pursuance to the impugned orders dated 25.3.2013 passed by the respondent no.2 and 3 respectively. 3.Issue any other writ, order or direction in any other suitable nature which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. 4.Award cost of the instant writ petition in favour of the petitioner.
(3.) The facts in brief of this case are that an FIR has been lodged by Anil Kumar son of the petitioner at Police Station Nidhauli Kalan in case crime no. 30 of 2013 under sections 307,323 and 504 IPC on 3.2.2012 at 12.30 p.m. alleging therein that on 2.2.2013 at about 3.00 p.m. the accused persons namely Om Prakash, Kaptan, Dori Lal and Bhagwati were digging the road approaching to the house of the first informant, which was objected by the injured Radha Krishna, then the accused persons hurled abuses and extended threat and he was assaulted by them by using lathi blow by the accused Kaptan causing injury on the head of the injured. The accused Bhagwati caused gunshot injury on the chest of the petitioner. The injuries were caused at the exhortation of the accused Om Prakash. The injured was taken by the first informant to the CHC Nidhauli Kalan where the doctor was not available then the injured was referred to the District Hospital Etah where he was medically examined and was admitted for treatment but during the course of investigation one of the accused Om Prakash moved an application before the District Magistrate Etah mentioning therein that according to the FIR allegation has been made that firing was done by his licensed gun whereas no shot was discharged by his licensed gun. He had given his gun to the District Magistrate for testing. According to the allegation made, the injured Radha Krishna was medially examined in District Hospital, Etah. but he alleged that the medical examination report was procured, therefore, the medial examination of the injured may be again done by a penal of the doctor. On that application the District Magistrate, Etah directed the Chief Medical Officer for ensuring medical examination by a committee of the doctors. In pursuance of this order dated 25.3.2013 the Chief Medical Officer, Etah directed the CMS to constitute a penal of the doctor and to do necessary for re medical examination of the injured Radha Krishna. This order was passed by the Chief Medical Officer 28.8.2013, feeling aggrieved from the order dated 25.3.2013 passed by the District Magistrate, and the subsequent order passed by the Chief Medical Officer, Etah, this writ petition has been filed.;