Bhagirath Ram vs State Of Rajasthan
2022 Latest Caselaw 2789 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 515/2022

Bhagirath Ram S/o Shri Naina Ram, Aged About 60 Years, B/c Bishnoi, R/o Haripura, Naino Ka Bass, Sarwana, Tehsil Sanchore, District Jalore.

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Teja Ram
For Respondent No.1      :     Mr. Mahipal Bishnoi, PP
For Respondent No.2      :     Mr. Raghunath Bishnoi




            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

18/02/2022

This criminal misc. petition under Section 482 CrPC has been

preferred on behalf of the petitioner challenging the order dated

13.01.2022 passed by the Judicial Magistrate, Sanchore, Distt.

Jalore (for short 'the trial court'), whereby the application filed on

behalf of the petitioner to get the injuries of the injured

complainant-Ansi Devi examined from the medical board has been

rejected.

The complainant has lodged an FIR against the petitioner

and other persons alleging that they assaulted the complainant on

30.11.2021; outraged her modesty and stole certain ornaments

from her house.

The petitioner, who is one of the accused named in the FIR,

has moved an application before the trial court alleging therein

(2 of 2) [CRLMP-515/2022]

that the so-called injury report prepared by the Doctor is

concocted one as the Doctor, who prepared the medical report is

near relative of the complainant. It is, therefore, prayed that the

injuries received by the complainant may be examined by a

medical board.

The trial court has rejected the said application vide

impugned order while observing that since the doctor is the

relative of the complainant, no doubt can be raised on the injury

report prepared by him.

It is very strange that the Judicial Magistrate, Sanchore,

District Jalore has taken into consideration the application filed by

one of the accused when the investigation is still going on.

It is also informed by learned counsel for the petitioner that

the petitioner has not even arrested so far in connection with the

FIR No.111/2021 of Police Station Sarwana, District Jalore.

In view of the above, I am of the opinion that the Judicial

Magistrate, Sanchore, District Jalore has illegally entertained the

application filed by the petitioner.

In such circumstance, I do not find any merit in this criminal

misc. petition and the same is hereby dismissed.

(VIJAY BISHNOI),J 13-mohit/-

Powered by TCPDF (www.tcpdf.org)