Rajesh Bindal, J. - (1.) THE prayer made in this petition filed under Section 482 Cr.PC is for quashing of FIR No. 18 dated 17.8.2005, under Sections 218, 219, 420, 120 -A, 120 -B IPC, registered at Police Station, State Vigilance Bureau, Rohtak.
(2.) BRIEFLY , the facts are that the FIR in question was registered on a direction given by Chief Judicial Magistrate, Rohtak on August 5, 2005 in a complaint filed by respondents Nos. 2 and 3 under Section 156(3) Cr.PC. The grouse of the complainants was that medico legal report of Ashok prepared on December 5, 2003 by Dr. Rajinder Rai was a fabricated document which resulted in registration of an FIR against the complainants and accordingly the petitioners were sought to be booked under Sections 218,219, 420, 120 -A, 120 -B IPC. At the time of initial examination of Ashok Kumar injured on December 5, 2003, the petitioner No. 4 found that there was a fracture of the greater Trochanter of the right femur. Ashok Kumar remained admitted in the hospital up to 20.12.2003. On the basis of this MLR, FIR under Sections 323/325/34 IPC was registered against respondent No. 2 at Police Station, Bond Kalan.
(3.) ON January 6, 2004, respondent No. 2 filed an application before Sub Divisional Magistrate, Charkhi Dadri with the allegations that the said Ashok Kumar had obtained the medico legal report with the connivance of petitioner No. 4 on the basis of which the FIR was registered against respondent No. 2 and accordingly, he prayed for constitution of a medical board for re -examination of Ashok Kumar. The application was referred to Medical Incharge, PGIMS, Rohtak.;