- (1.) THE present petition under Section 482 of the Code of Criminal Procedure (in short, 'the Code') has been preferred for issuance of directions to the police for getting Medical Board constituted from PGI, Rohtak or taking opinion from treating Surgeon/Doctor with regard to injury No. 1 suffered by petitioner Sahib on his head, pertaining to FIR No. 456 dated 15.11.2012 (Annexure P1) under sections 148, 149, 323, 324 and 506 of the Indian Penal Code, registered at Police Station Punhana, District Mewat.
(2.) COUNSEL for the petitioner contends that the petitioner was beaten by respondents No. 2 to 9 and he sustained number of injuries, including head injury as per medico legal report. The doctor opined that injuries No. 2 and 3 were caused with blunt weapon, but injury No. 1 was stated to be the result of sharp weapon caused within six hours of the medical examination. The patient was referred to the General Hospital Mandikhera, for x -ray and further management with the observations 'Neurosurgeon opinion' and from there; he was referred to Safdarjang Hospital, Delhi, for better management. He was admitted there and was finally discharged on 14.11.2012. In Safdarjang Hospital, Delhi, it was diagnosed that there was 'linear undisplaced fracture of left squamous part of temporal bone'. Thereafter, the petitioner made a complaint to the police on 15.11.2012, on the basis whereof, FIR No. 456 dated 15.11.2012 was registered. It is argued with vehemence that the police in connivance with the accused took an opinion from Dr. Asha on 29.11.2012 in regard to nature of injury No. 1 sustained by the petitioner. The doctor opined in the following terms: - "Injury No. 1 in MLR No. A/24/12 was caused by sharp weapon as per MLR and as per CT scan report linear undisplaced fracture of Lt. squamous part of temporal bone. In MLR injury was on Rt. Parietal region as there is no underline fracture, so injury No. 1 is simple, sharp in nature as there is no surgical intervention also. However, there is associated fracture on Lt. side of temporal bone as per CT scan report of Safdarjang Hospital at the time of examination there was no injury on Lt. side of skull. According to CT scan report, fracture can be due to blunt weapon and is grievous in nature as patient was on conservative treatment and admitted for one day (possibility of old injury cannot be ruled out)."
(3.) COUNSEL has strenuously argued that the police/investigating officer neither got the opinion of Neurosurgeon nor of the treating doctor in Safdarjang Hospital, Delhi in regard to fracture on the left side of skull noticed during CT scan examination of the petitioner. It is further argued that Dr. Asha gave a wrong opinion that possibility is not ruled out that the injury on the left side of skull is an old injury. According to counsel, the respondents have been charged for commission of offence punishable under sections 148, 149, 323, 324 and 506 IPC, but in case, the police had obtained opinion of the treating surgeon/doctor or Medical Board of PGI Rohtak, it may aggravate culpability of the accused i.e. for offence under Section 307 IPC. It is further submitted that it is in the interest of justice that a direction may be issued either to get a Medical Board of PGI, Rohtak constituted or opinion is sought from the treating surgeon/doctor in regard to injury No. 1.;