Kanwaljit Singh Ahluwalia, J. - (1.) KULDEEP Singh has filed the present petition through his father -Gurtej Singh. He has been named as accused in case FIR No. 83 dated 1.8.2011, registered at Police Station Raman, under Sections 307, 324, 365, 323, 341, 506, 148 and 149 IPC. In the occurrence, one Budh Singh had suffered 11 injuries and after his radiological examination, injuries No.2, 5, 6, 7 & 11 were declared as grievous. Since five injuries were declared as grievous, the Medical Officer has opined that the injuries were dangerous to life. The Investigating Agency has concluded the investigation and submitted a report under Section 173 Cr.P.C. against the petitioner.
(2.) LEARNED counsel for the petitioner submits that till today, the charge has not been framed. The petitioner has filed an application before the Court of Sub Divisional Judicial Magistrate, Talwandi Sabo, where case was pending for commitment, that Budh Singh, injured, be got examined from the Board of Doctors and a fresh opinion be sought qua injuries No.2, 5, 6, 7 & 11 from the Board. The application, so filed, has been declined by the Sub Divisional Judicial Magistrate, Talwandi Sabo, on 22.10.2011. Aggrieved against the same, the present petition has been filed. Learned counsel for the petitioner has submitted that the Radiologist, without any basis, had declared the injuries to be grievous, hence, no offence under Section 307 IPC is made out. The medicolegal report of Budh Singh has been annexed with the present petition as Annexure P2. A perusal thereof reveals that injuries No.2, 5, 6, 7 & 11, no doubt, are on non -vital parts of the body. Thus, the petitioner, if so advised, at the time of framing of charge, can raise a plea that no offence under Section 307 IPC is made out. Furthermore, learned counsel can always assail opinion of the experts and impeach its credibility and demonstrate that no offence under Section 307 IPC is made out. But no ground is made out for constitution of Board of Doctors, after elapse of more than four months of the occurrence, especially when the allegation of connivance of the doctors with the injured has not been substantiated.
(3.) HENCE , no interference is warranted in the present petition and the same is hereby dismissed.;