- (1.) Before we deal with the case at hand we would like to bring up an issue that has been obstructing the administration of justice. The court process is repeatedly delayed. The doctors have been scribing medico legal report, injury report, bed head tickets, prescriptions and post-mortem examination reports in such handwriting that it cannot be read by the prosecutor, the defence lawyer or the Court. We are faced with a situation in which when the medico legal report was summoned, counsel for none of the parties or the Court could read the report on account of the way it was written. It transpires that Dr. Ashish Saxena had scribed it. Dr. Ashish Saxena had to be summoned to the court with typed copy of the medico legal report/injury report.
(2.) To bring the matter in context we hereby extract order dated 18.9.2018:- "1. Order dated 29.08.2018 reads as under: "1. Short affidavit has been filed in deference to order dated 3.8.2018, which is taken on record. Injury report has been appended. Although, the xerox copy of the medical report is clear, however, handwriting of the doctor is such that it is not readable. We hereby direct the author of the medical report to remain present in Court along with typed copy of the injury report. 2. List on 12.9.2018. Mr. S.P. Singh, learned counsel for the State shall ensure compliance." 2. In deference to the order, Dr. Ashish Saxena, Emergency Medical Officer, District Hospital (male), Unnao is present in Court and has furnished purportedly an injury report of the injured. Other than reflecting six contusions and opinion, the report does not reflect name of the injured, father's name of the injured, age of the injured, date and time of examination of the injured and the place where the injured was examined. We hereby bring on record that Dr. Ashish Saxena is not capable of doing his job properly. Substantial time of the Court has been wasted initially by not writing the medical report in clear hand and subsequently not supplying the complete medical report to the Court. 3. We are constrained on again summoning Dr. Ashish Saxena to Court with complete medical record duly typed and countersigned by him in evidence of its correctness. 4. List on 25th of September, 2018 as fresh. Dr. Ashish Saxena shall remain present in Court. 5. Let a copy of this order be forwarded to Chief Medical Officer, Unnao and Principal Secretary, Medical & Health Services, U.P., Lucknow."
(3.) Affidavit has been filed by Dr. Ashish Saxena who is posted as Emergency Medical Officer District Hospital Unnao. The injury report has been appended as Annexure-1 in typed format. The following injuries have been mentioned in the injury report:- "1. Contusion 6cm x 3 cm on left eye 2. Contusion 5 cm x 3 cm on the right side of skull 10 cm from right scapula K,U,O, Adv. X-ray 3. Contusion 5 cm x 3 cm on right side of neck 10 cm from right ear. 4. Contusion 4 cm x3 cm on left ear. 5. Contusion 2 cm x 1 cm on left knee joint. 6. Contusion 6 cm x 3cm on left side of skull 7 cm from left ear Adv. X-ray.";