Rajasthan High Court - Jodhpur
Mukesh Kumar @ Mangej vs State Of Rajasthan on 17 November, 2025
[2025:RJ-JD:46368]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 173/2025
Mukesh Kumar @ Mangej S/o Shri Ranjeet Ram, Aged About 24
Years, R/o Village Dolatpura, Tehsil And Dist Sri Ganganagar, Raj
(At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.R. Godara
For Respondent(s) : Mr. Deepak Choudhary, Addl.
Advocate General cum GA
Mr. Urja Ram Kalbi, Public Prosecutor
Mr. Vineet Jain, Sr. Advocate, assisted
by Mr. Pravin Vyas
Mr. Dhirendra Singh Champawat, Sr.
Advocate assisted by Mr. Jagdish
Singh
Ms. Gayatri Rathore, Principal
Secretary to Government, Medical &
Health & Family Welfare, through VC
Mr. Ambrish Kumar, Principal
Secretary, Medical Education
Department, through VC
HON'BLE MR.JUSTICE RAVI CHIRANIA
Order
Order Reserved on : 17.10.2025
Order Pronounced on : 17.11.2025
1. The instant bail application under Section 483 BNSS. has
been filed by accused-applicant Mukesh Kumar @ Mangej in
connection with FIR No.121/2024 registered at P.S. Mathili Rathan,
District Sri Ganganagar for offence under Sections 103(1), 61(2)
of BNS, 2023 and Section 27 & 5/25 of Arms Act, against the
rejection order dated 06.12.2024 passed by learned Sessions
Judge, Sri Ganganagar in Criminal Misc. Case No.716/2024.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (2 of 30) [CRLMB-173/2025]
2. Counsel for the petitioner submitted that he has been falsely
implicated in the murder of his real brother Pradeep Kumar,
whereas he has not committed any such offence. Counsel submits
that it is the petitioner himself, who lodged the report in the Police
Station on 05.8.2024, on which, impugned FIR was registered,
bearing FIR No.121/2024 against unknown persons.
3. Counsel further submitted that without any motive and
justified reason, the petitioner was arrested by the police and
implicated in the case.
4. Counsel for the petitioner further submitted that the police
conducted investigation and collected various articles, which were
sent to the FSL by letter dated 06.09.2024 and Acknowledgment
Receipt of the FSL was issued on 09.09.2024.
5. Counsel submits that though the articles were collected on
05.08.2024, 11.08.2024 and 13.08.2024, however, the articles
remained in the Police Station for unjustified reason for long and,
therefore, possibility of planting of evidence cannot be ruled out.
6. Counsel further submits that on filing of charge-sheet
statements of material witnesses were recorded by the learned
trial court. Learned trial court recorded statement of one Sunil
Kumar (cousin brother of the petitioner and deceased, both) and
PW-4 Sharda W/o. Ranjeet Ram (mother of the petitioner and
deceased). By referring to the statement of material witnesses
i.e. PW-1 and PW-4 counsel submitted that both these important
witnesses, who are family members, did not support the story of
the prosecution and were declared hostile.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (3 of 30) [CRLMB-173/2025]
7. Counsel further submitted that both the witnesses clearly
stated that there was no enmity or dispute between the two
brothers, which leads to a definite conclusion that in the present
case, which is based on circumstantial evidence so there is no
eye-witness, no motive, no enmity etc. therefore, the petitioner
has been falsely implicated. In view of this, learned counsel
prayed that the petitioner may be enlarged on bail.
8. Learned Public Prosecutor strongly opposed the bail
application and stated that the recovery of the alleged weapon
was made at the instance of the petitioner and he only killed his
real brother, therefore, present case is not fit so as to enlarge the
present petitioner on bail.
9. Heard learned counsel for the parties.
10. This Court while hearing the bail application tried to read the
Post-Mortem Report as prepared in this case of deceased Pradeep
Kumar S/o. Ranjeet Ram by Government Civil Hospital, Sri
Gangangar dated 05.8.2024
11. This Court with great efforts tried to read and understand the
Post-Mortem Report prepared by Dr. Vishnu Kumar Gahlot,
Assistant Professor, General Surgery and Dr. Navdeep Singh,
Assistant Professor & H.O.D., Forensic Medicine, Government
Medical College, Sri Ganganagar, whose respective seals and
signatures are visible on the document.
12. As this Court faced serious difficulty in understanding the
Post-Mortem Report, therefore, by orders dated 06.10.2025,
09.10.2025 and 17.10.2025 the Principal Secretary, Medical
Education; Principal Secretary, Medical & Health and the learned
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (4 of 30) [CRLMB-173/2025]
Additional Advocate General cum GA Mr. Deepak Choudhary, were
called regarding the issue of preparation of Post-Mortem Report
and other Injury Reports by-hand, which are illegible and
unreadable. The Court shall deal with this issue in the later part of
this order.
13. This Court, as far as this bail application is concerned, noted
that the petitioner himself lodged FIR against unknown persons,
however, he himself was implicated in the case and charge-sheet
was filed against him by the police. The Court noted that the
police made recovery of fire-arm weapon and other articles on
05.8.2024, 11.8.2024 & 13.8.2024, however, for almost a month
these articles remained at the Police Station and were not
immediately deposited in FSL. After keeping the articles for a long
period, the articles were deposited in the Lab by letter dated
06.09.2024 on which the acknowledgment was issued on
09.09.2024.
14. This Court also considered statement of material witnesses,
namely, PW-1 Sunil Kumar (cousin brother of the petitioner and
deceased) and PW-4 Sharda W/o. Ranjeet Kumar (mother of the
petitioner and deceased) and noted that both witnesses have not
levelled any allegations against the petitioner, rather the mother
(PW-4) fairly stated that the relationship between both the
brothers i.e. petitioner and the deceased were cordial and there
was no dispute or enmity between them. She fairly denied that
the petitioner killed his own brother by causing fire-arm injury.
15. As the present case is based on circumstantial evidence
and there are no eye-witnesses and further the material witnesses
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (5 of 30) [CRLMB-173/2025]
PW-1 & PW-4 have been declared hostile by the prosecution, as
they did not support the story of the prosecution rather, they have
stated in favour of the petitioner therefore in view of the above,
this Court is inclined to enlarge the petitioner on bail, considering
the over all facts and circumstances of the case.
16. Consequently, this bail application filed by the petitioner
under Section 483 B.N.S.S. is allowed and it is directed that
petitioner Mukesh Kumar @ Mangej S/o. Ranjeet Ram shall
be released on bail in connection with FIR No.121/2024 registered
at P.S. Mathili Rathan, District Sri Ganganagar provided he
executes a personal bond in a sum of Rs.1,00,000/- with two
sound and solvent sureties of Rs.50,000/- each to the satisfaction
of learned trial court for his appearance before that court on each
and every date of hearing and whenever called upon to do so till
the completion of the trial.
ISSUE OF PREPARATION OF MEDICO LEGAL REPORTS,
POST-MORTEM REPORT etc. BY HAND
17. This Court while considering post-mortem report (PMR)
noted that the report as prepared in this case by Doctors of
Government Civil Hospital, Sri Ganganagar, is in a pathetic form
and manner as if the document had been prepared for their own
understanding and use. In criminal matters, post-mortem report
(PMR), all Medico Legal Reports etc., are very crucial documents
not only for the prosecution and the defence but also for courts,
various agencies and authorities. The manner and method in
which the Doctors/ Medical Jurist are preparing these reports is
really shocking and surprising.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (6 of 30) [CRLMB-173/2025]
18. Today, the country has a robust digital system in place.
Despite this, the Doctors are preparing medical reports in a casual
and negligent manner by hand which are illegible and
incomprehensible. The three pages of the post-mortem report, as
prepared in the present case, are reproduced as under after
scanning from the charge sheet, as filed:-
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (7 of 30) [CRLMB-173/2025]
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (8 of 30) [CRLMB-173/2025]
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (9 of 30) [CRLMB-173/2025]
19. The above scanned document, for reference, shows the
casual and negligent attitude of Doctors/ Medical Jurists in
preparing important documents like the post-mortem report,
medico Legal Report etc. The above report is just an example and
this Court has seen reports even worse than this in many bail
applications and D.B. Criminal Appeals.
20. After noticing above, this Court by order dated 06.10.2025
called Mr. Deepak Choudhary, learned AAG cum GA and raised a
specific query as to why these medical reports are prepared by-
hand and not by using computers and digital technology. Learned
AAG was directed to ensure presence of the Principal Secretary
Medical and Health and the Principal Secretary Medical Education.
The order dated 06.10.2025 is reproduced as under:-
"1. This Court while hearing the present bail application noticed
that the post-mortem report as filed with charge-sheet is not
readable and further such handwritten documents are not
readable not only for the Court but also for the counsels assisting
the Court who are required to understand and explain its content.
With a digital system in place for long, these kinds of documents
being prepared in such a manner create hurdles in the
administration of justice not only for the prosecution but also for
the Court.
2. This Court called the learned AAG cum GA, Mr. Deepak
Choudhary, in this regard and sought his assistance. The learned
AAG informed that almost all documents which are prepared in
criminal cases are duly prepared in a proper typed format,
however, medical reports which include injury report, x-ray report,
age determination report, sexual assault report, pregnancy report,
different medical opinions, post-mortem report (PMR) are still
prepared by the concerned doctors and medical jurists by hands,
due to which these documents are not readable. He also, while
assisting the Court submitted that in case these documents are
prepared in duly typed manner similar to the manner in which FIR
and other documents are prepared, then the same would be of great
assistance only to the prosecution but also for the counsel for the
accused as well as the Court hearing the cases. It is in the
knowledge of this Court that this problem is not uncommon and
almost all Courts in the country are facing the problem of not able
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (10 of 30) [CRLMB-173/2025]
to understand the medical reports, post mortem reports etc. for the
common reason that they are pen down by the doctors inwriting
which is illegible in almost all cases.
3. Having faced the similar problem, the Punjab and Haryana
High Court issued directions to the NIC-Haryana to facilitate
computerization of MLR's and PMR's. In pursuance to the same,
NIC-Haryana prepared a software which is in place for long and
this software was brought to the notice of all State and Union
Territories, Judicial Academy, State Judicial Academy through
respective NIC-State/Union Territory Centres. Despite the systemin
place for long and having information about the abovementioned
software the doctors in the State of Rajasthan are still preparing
MLR and PMR by hand as mentioned above as the State
Government has not made such software in State.
4. Before issuing directions in this regard to State of Rajasthan, this
Court deems it appropriate to hear Principal Secretary, Medical
Education, State of Rajasthan and the learned Advocate General to
have assistance in the matter before issuing any directions. Copy of
this order be served on Principal Secretary, Medical Education,
State of Rajasthan for appearing before this Court through video
conferencing as well as to learned Advocate General. List this case
on 09.10.2025 at 10:30 a.m. at a first case.
5.For necessary order on the bail application, list this matter on
13.10.2025.
(RAVI CHIRANIA),J"
21. In pursuance of order dated 06.10.2025, the matter was
listed before this Court again on 09.10.2025.
22. On 09.10.2025, the Principal Secretary, Medical Education
could not appear and on his behalf Ms. Chanchal Verma (RAS)
appeared and tried to assist this Court and answered certain
queries regarding the preparation of post-mortem report and
other medico legal reports by-hand. The order dated 09.10.2025
is reproduced as under:-
"1. This matter was last listed before this Court on 06.10.2025 and
the presence of the Principal Secretary, Medical Education,
Government of Rajasthan was ordered.
2. Today, this matter was taken up at 10.30 AM, however, due to the
non-availability of the learned Advocate General as he is occupied
with some other urgent cases and the Principal Secretary, Medical
Education, Government of Rajasthan, who, as informed this Court, is
also stuck in another pre-scheduled meeting, a request was made by
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (11 of 30) [CRLMB-173/2025]
the learned Additional Advocate General cum GA Mr. Deepak
Choudhary to take up this matter at3:00 PM.
3. At 3 PM, the matter was taken up again, however, this Court was
again informed that the concerned Secretary is busy continuously in
a pre-scheduled meeting and, therefore, she could not appear
through Video Conferencing (VC). However, on behalf of the
concerned Principal Secretary, Ms. Chanchal Verma, RAS, appeared
and assisted this Court by stating that a process has been initiated to
implement a system across the State of Rajasthan which commenced
in January, 2025. This Court noted that though in the State of Punjab
and Haryana the Medico Legal Examination and Post Mortem
Reporting (MedLEaPR) software was started in year 2011-12,
however, the State of Rajasthan has, even after more than 14 years,
failed to implement the same completely. The medical reports in
respect of criminal cases of injuries, post-mortem, sexual assault
cases, age determination report etc. are required to be prepared in a
clean, legible and systematic manner. There cannot be any justified
reason for not fully implementing the software in Rajasthan even
after 14years. Although some effort appears to have been made by
the State but it does not appear to be sufficient. It appears that the
State has been very slow in implementing it when many States &UTs
are already using from last many years.
4. Ms. Chanchal Verma, RAS is directed to further inform the
concerned Principal Secretary to be ready with all the relevant
information and the complete schedule for the implementation of the
MedLEaPR across the State so that after total implementation, no
reports are prepared in a handwritten manner rather they are
prepared strictly as per the MedLEaPR, as implemented in the other
State.
5. This Court wish to hear the concerned Principal Secretary and
learned Advocate General on the next date of hearing, in this regard
list this case on 15.10.2025 at 3:00 PM.6. This Court requests Mr.
Vineet Jain, Sr. Adv. and Mr. Dhirendra Singh to assist this Court
on this issue.
(RAVI CHIRANIA),J"
23. After hearing Ms. Chanchal Verma for some time, this Court
for further queries, directed her to appear again before this Court
through VC on 15.10.2025 and thereafter on 17.10.2025. On
17.10.2025, the Principal Secretary Medical & Health, Ms. Gayatri
Rathore appeared through VC and informed this Court that the
State of Rajasthan has started the process of preparing medical
reports through the Medico Legal Examination and Post
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (12 of 30) [CRLMB-173/2025]
Mortem Reporting (MedLEaPR) software from January, 2025.
She further informed that only those hospitals which are
requested by the Investigating Officers of the respective case,
through online mode (CCTNS) for preparation of the report,
prepares the report through MedLEaPR software, while the rest
prepare by hand.
24. She further stated that the State Government has started
the process of training the doctors for MedLEaPR software and is
in the process of providing all required infrastructure so as to have
a complete system in place for preparation of all medico legal
reports, PMR etc., through MedLEaPR software only in the state.
25. She also informed and further assured that in next 15-20
days, the complete system would be in place and thereafter all
the reports would be mandatorily prepared through MedLEaPR
software only.
26. The issue involved in the present case is important not only
for the courts but also for the lawyers appearing for the respective
sides, investigating and prosecution agencies, various other
Authorities etc., in understanding and taking necessary judicial,
administrative and other action on that basis. If such reports are
not readable and legible, then the very purpose of their
preparation loses its significance and cause serious hindrance in
the administration of Justice and doing other legal and
administrative functions.
27. This Court by order dated 09.10.2025 requested Mr. Vineet
Jain, Sr. Advocate and Mr. Dhirendra Singh Champawat, Sr.
Advocate to assist this Court on the issue.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (13 of 30) [CRLMB-173/2025]
28. On 17.10.2025 learned Senior Counsel Mr. Vineet Jain
provided valuable assistance to this Court in the form of written
submissions in regard to the issue as involved. Learned Senior
Counsel informed this Court that the Medical Council of India (now
National Medical Commission) (hereinafter referred to as
"NMC", for short) issued a Notification dated 21.09.2016 in
exercise of powers conferred by Section 33 of the Indian Medical
Council Act, 1956 titled as Regulations to amend the Indian
Medical Council (Professional Conduct, Etiquette and Ethics)
Regulations, 2002. The Notification provides that every physician
should prescribe drugs with generic names legibly and
preferably in capital letters. The notification dated 26.09.2016
is reproduced as under:-
"MEDICAL COUNCIL OF INDIA NOTIFICATION
New Delhi, the 21st September, 2016
No.MCI-211(2)/2016(Ethics)/131118 .- In exercise
of the powers conferred by Section 33 of the Indian
Medical Council Act, 1956 (102 of 1956), the Medical
Council of India with the previous sanction of the Central
Government, hereby makes the following Regulations to
amend the "Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulations, 2002: - Short Title and
Commencement:-
1. (i) These Regulations may be called the "Indian
Medical Council (Professional Conduct, Etiquette and
Ethics) (Amendment) Regulations, 2016 - Part - I".
(ii) They shall come into force from the date of their
publication in the Office Gazette.
2. In the "Indian Medical Council (Professional
Conduct, Etiquette and Ethics) Regulations, 2002", the
following
additions/modifications/deletions/substitutions, shall
be, as indicated therein:-
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (14 of 30) [CRLMB-173/2025]
3. In Chapter 1-B-Duties and responsibilities of the
Physician in general, Clause - 1.5 under the heading -
Use of Generic names of drugs, the following shall
be substituted : -
"Every physician should prescribe drugs
with generic names legibly and preferably
in capital letters and he/she shall ensure
that there is a rational prescription and
use of drugs".
DR. REENA NAYYAR, Secy. I/c
[ADVT.-III/4/Exty./253(100)]"
29. Learned Senior Counsel Mr. Vineet Jain further submitted
that the NMC (earlier MCI) issued National Medical Commission
Registered Medical Practitioner (Professional Conduct) Regulations,
2023 by Notification No.R-12013/01/2022/Ethics dated
03.08.2023. In the said Notification, specific and clear guidelines
were issued to all Registered Medical Practitioners to write
prescriptions in legible and preferably in full CAPITALS
letters to avoid misinterpretation. It is further provided that
the prescriptions should be typed and printed to avoid errors.
30. Learned Senior Counsel, in the written submissions, referred
to the judgment passed by the High Court of Orissa in Krishna
Pad Mandal @ Krushna Pada Mandal Vs. State of Odisha,
I.A. No. 447 of 2020 (Arising out of BLAPL No. 3541 of 2020). The
relevant part of the order dated 10.8.2020 passed in the case of
Krishna Pad Mandal @ Krushna Pada Mandal (supra) reads as
under :-
"Before parting with the present application, one issue which this
court is constrained to articulate is that considerable time and
frustration associated with detective work in so far as medical
reports/doctors' prescriptions are concerned. Such illegible scrawls
composed by doctors creates unnecessary nuisance at the end of the
patients, pharmacists, Police, prosecutors, judges who are bound to
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (15 of 30) [CRLMB-173/2025]
deal with such medical reports. Prescriptions of physicians, OPD
slips, post-mortem report, injury report etc. written, perforce, are
required to be legible and fully comprehensible. A medical
prescription oughtn't to leave any room for ambiguity or
interpretation.
This Court has highest regard for the professionalism of
doctors and records its appreciation for them for their exemplary
and untiring service during COVID19 pandemic at different levels.
The entire nation salutes their professionalism and supreme
sacrifice during the current pandemic of unrelenting ferocity. This
Court is also not suggesting that there is a responsibility gap at the
end of the medical professionals like the Doctors, who are
unquestionably valuable assets to our society. It is also equally trite
that legible hand writing is a valuable asset to an educated man.
The illegible or significantly lower legibility than average
handwriting impedes understanding the prescriptions and stand as a
barrier to proper comprehension leading to, among others,
innumerable medical complication. If we consider the issue from
patient's perspective, illegible handwriting can delay treatment and
lead to unnecessary tests and inappropriate doses which, in turn,
can result in, at times, fatal consequences. On many occasions, the
pharmacists find it difficult to decipher what is written in the
prescription. Sometimes, even some physicians fail to read their own
handwriting. The physician working in Government or private or
other medical set-ups are suggested to write the name of drugs in
CAPITAL LETTERS or in a legible manner. The CAPITAL
LETTERS could perhaps ensure a proper visibility to the
prescriptions and will remove the guess work and related
inconveniences completely. Better handwriting 5 will help in easily
deciphering the names of the drugs, doses, strength, frequency etc.
with much ease. There could be some good justifications for such
sloppy handwriting and the prominent one could be the relative
heavy work pressure, long working hours, symptoms like writer's
cramp etc. due to adverse patient-doctor ratio in the country, more
especially, in the State like Odisha. In this new age of consumerism
and the looming threat of allegations of medical negligence, it is
imminent that the professionals protect themselves by exercising this
basic care and caution.
This court feels, it is imperative that the entire physician
community need to go an extra mile and make conscious efforts to
write prescriptions in good handwriting preferably in CAPITAL
LETTERS. The digital era could also throw open several options to
make prescriptions and the diagnosis more patient friendly.
Looking at the magnitude of the issue, the Medical Council of
India (MCI) also issued its notification dated 21st September, 2016,
under Section 33 of the Medical Council Act, 1956, with a previous
sanction of the Union Government, called "Indian Medical Council
(Professional Conduct, Etiquette, and Ethics) (Amendment)
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (16 of 30) [CRLMB-173/2025]
Regulations, 2016". Regulation 1.5 of the said Regulation, in
particular, mandates that:
"Every physician should prescribe drugs with generic names and
preferably in capital letters and he/she shall ensure that there is a
rational prescription and use of drugs"
The said notification prescribes that the doctors to write
legible prescriptions preferably in CAPITAL LETTERS. The
underlined objective of such notification is that writing names of
medicine in capital letters ensures that doctors who have poor
running handwriting can compensate for their deficiency by writing
in capital letters. Some efforts in this direction has also come from
the States like Maharashtra and Jharkhand, in the form of special
circulars, consistent with the aforesaid notification issued by MCI.
In view of the growing concerns in this regard, especially in
view of the fact that illegible handwriting could have life
threatening consequences, this Court deems it fit to request the
Chief Secretary, Government of Odisha to examine the feasibility of
issuing appropriate circulars, in consultation with the Medical
Council of India and the Central Government, to implement the
abovementioned directions, as per the Notifications dated
21.09.2016 issued by the Medical Council of India, with respect to
prescription of drugs by doctors. Further, appropriate steps may
also be taken to create awareness among the medical professionals,
involved in medico-legal cases, to record their observations and
comments in a legible manner."
31. Learned Senior Counsel further cited the order passed by
the High Court of Punjab & Haryana in anticipatory bail application
of XXXXX Vs. State of Haryana and Another (CRM-M-30302-
2024), where the High Court took Suo Moto cognizance in respect
of wide spread issue of illegible hand-writing in medical documents
declaring the right to a legible medical prescription as an integral
part of fundamental right to life as provided under Article 21 of
the Constitution of India. The directions as issued by the High
Court of Punjab & Haryana are as under :-
"72. Consequently, this Court deems it fit to issue the following
directions:
(i) Considering the Affidavits and instructions issued by States of
Haryana, Punjab and Union Territory of Chandigarh as reproduced
above, that advisory/directions have been issued to all the doctors
of their respective State/UT that in case of handwritten prescription
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (17 of 30) [CRLMB-173/2025]
slips and diagnosis, all medical prescriptions/diagnosis shall be
written in CAPITAL letters by all doctors till the time
computerized/typed prescriptions are adopted, the three States
(Haryana, Punjab and UT Chandigarh) are directed to meticulously
comply with their own instructions and affidavits submitted in this
Court and ensure that the same are complied with in letter and
spirit. In furtherance of the same, the States of Punjab, Haryana
and the Union Territory, Chandigarh shall in coordination with the
State Medical Commission, if any, make endeavours to inform and
sensitize all the doctors within their respective jurisdictions by
holding periodic meetings at district level under the supervision of
Civil Surgeon.
(ii) The Union of India shall comply with the inputs enclosed with
the letter dated 28.05.2025 (Mark-'X') issued by the Under
Secretary to the Government of India as reproduced above for
issuing appropriate Notification for Minimum Standards in the
Gazette of India as expeditiously as possible.
(iii) PGIMER is already under the process of implementation of a
medical software HIS-II wherein Medical e-prescription is a part of
the Doctor Desk Module. In view of the same, PGI shall ensure its
implementation as expeditiously as possible and preferably within
two years.
(iv) Considering the stand taken by the States of Punjab and
Haryana that the doctors will be required to write the medical
prescription and diagnosis in Capital Letters till the time
computerization of the same is done, it is directed that in order to
achieve the objective of computerization/typed prescriptions, sincere
efforts be made for framing a comprehensive policy in this regard
with due emphasis on providing financial assistance, if so required
by Clinical Establishments/doctors. The aforesaid exercise be
completed within two years.
(v) U.T Chandigarh shall also make sincere efforts to frame policy
on similar lines as aforesaid.
(vi) National Medical Commission is requested to take effective steps
to introduce and inculcate the importance of legible and clear
handwriting in medical prescription as a part of curriculum in all the
Medical Colleges/Institutions in India in view of the fact that Right to
legible Medical Prescription /Diagnosis/Medical documents and
Treatment is an integral part of Right to Health which is a
Fundamental Right vested under Article 21 of the Constitution of
India."
32. Counsel further referred to the similar directions issued by
the Division Bench of the Uttarakhand High Court in Review
Application No.1240/2018 in WPPIL No. 120 of 2016. The
directions as issued by the Uttarakhand High Court are as under :-
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (18 of 30) [CRLMB-173/2025]
"Accordingly, the Review Application is dismissed; but, in the
larger public interest, we direct all the doctors throughout the
State of Uttarakhand in Government Sector, Public Sector and
Private Clinic establishments that all the prescriptions / medical
reports should be computer-generated in order to enable the
ordinary patients and their attendants to read the same. As far as
the Government Doctors are concerned, the State Government is
requested to provide necessary infrastructure to the doctors and, in
the meantime, Government Doctors shall prescribe the medicines
in legible bold letters".
33. In the written submissions, as submitted, learned Senior
Counsel for assistance of this Court, gave following suggestions,
which are reproduced as under :-
"1. The draft of Postmortem Report (PMR) and Injury Report
(IR)should be filed as far as possible in capital letters to ease the
process of reading and deciphering the contents of the same both for
the investigative agencies and so also for the concerned courts.
2. The PMR and IR should be written precisely and definitively
i.e. the nature of injuries and details thereof should always be
mentioned like margins being clear cut or irregular, inverted or
everted, stab wound with shape and size. The attending Doctors
may also use local language and words to ease the process for
people in the rural areas.
3. Figures should be used to denote exact place of injuries for
this purpose the Doctors maybe directed to use set performa as as
provided in MedLEaPR software. Exact place of injury should also
be mentioned in in the injury report and so also in the postmortem
report, apart from using medical terms, words in common parlance,
be also mentioned so as to show the exact site of injury.
4. Presence and extent of rigor mortis be specified, further time
of death should be mentioned in the closest possible estimate as far
as possible by using scientific method. A note with respect to the
scientific method used may also be mentioned at the end of every
post report.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (19 of 30) [CRLMB-173/2025]
5. After preparation of postmortem report and injury report,
typed copy may be attached with the original report, the said type
copy, can be duly verified by the Author/Doctor, who prepared the
said report.
6. Bed Head tickets and other medical treatment records,
namely prescriptions, opinions, etcetera, when supplied be also
appended with typed copies, duly verified by the author/doctor as
far as possible.
7. The postmortem reports and injury reports should be given
unique number so to track the same in future and further to ensure
that no confusion is created. In case there are two patients with the
same name. The report should be stored in a dedicated database
with the state department, so that crime categorization can be done
by the state authorities if needed.
8. Access to these records be given only to medical
practitioners, investigating officers &with the due permission of
the court, to parties concerned so that it does not land with third
parties & strangers to prevent misuse and further to ensure
privacy of the parties is maintained."
34. After hearing the Principal Secretary, Medial & Health;
Principal Secretary, Medical Education; learned AAG cum GA
Mr. Deepak Choudhary and learned Senior Counsel Mr. Vineet Jain
assisted by Pravin Vyas, Advocate, this Court noted that the
serious need of preparation of legible medical reports by
MedLEaPR, which include Post-Mortem Report, Injury Report, Age
Determination Report and Sexual Assault Report etc., which are
presently prepared by doctors almost in every part of the country,
except few States by-hand including medical prescriptions which
are majorly illegible, unreadable and incomprehensible.
35. This issue was first taken up by the High Court of Punjab &
Haryana in the year 2011 in the case of Rajpal @ Labh Singh &
Anr. Vs. State of Haryana. The High Court of Punjab & Haryana
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (20 of 30) [CRLMB-173/2025]
in Rajpal @ Labh Singh & Anr (supra) directed the NIC,
Haryana, to prepare a comprehensive software so that all the
medical reports could be prepared through a software.
36. In pursuance of directions of the High Court of Punjab &
Haryana, NIC, Haryana prepared "Medico Legal Examination
and Post-mortem Reports System (MedLEaPR)".
37. This exercise was the first of its kind in the country and,
therefore, the High Court of Punjab & Haryana directed NIC,
Haryana to appraise all the States, Union Territories, National
Judicial Academy and State Judicial Academy through the
respective NICs of State/UT about the availability of MedLEaPR
software for the preparation of post-mortem report/medico legal
reports for the use in the respective areas. Important features of
the MedLEaPR software as prepared by NIC, Haryana were pointed
out to this Court from a document downloaded from internet are
as under:-
"OVERVIEW OF MEDLEAPR SYSTEM The software is a web
based system, as per legally approved forms related to MLRs and
PMRs. The domain inputs were provided by the designated doctors
from the states of Haryana, Punjab, UT Chandigarh, PGIMER
Chandigarh & Rohtak and ESI Hospital Chandigarh.
BASIC WORKFLOW OF THE SYSTEM
A. Registration of a Case - When a victim/accused is brought to a
Health Institute, his/her registration process is completed. Details
of persons, including police, accompanying the victim/accused are
also captured.
B. Doctor's Examination Reporting Process - Thereafter, the
victim/accused is examined and the opinion and observations are
fed online by the doctor, in the relevant prescribed format.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (21 of 30) [CRLMB-173/2025]
C. On-line Graphical/Pictorial Representation Module - These
modules takes care of the cases where some injury is found on the
body of the person, including burns etc. This needs to be clearly
illustrated on the sketch of the human body. The requirement was
given by a core team of doctors handling domain specific
requirements. The NIC Haryana team, spent days with doctors at
Hospitals in Panchkula, Mohali, Chandigarh and PGIMER to
understand the requirements and explored the requirements. The
required sketches of human body (Male & Female) were obtained
from Directorate of Health Services Haryana and stored in the
software. The access was provided to the concerned doctor, with a
facility to mark injuries at the exact location on the sketch, along
with the facility to enter the injury details.
D. Subsequent Opinion Process - Often samples of body parts,
viscera, clothes etc are sent to various specialist forensic/chemical
laboratories for examination. Based on the reports received from
these laboratories, doctor opinion is sought by law enforcement
agencies, which becomes the base for the final opinion on the case.
After receiving the laboratory reports, the doctor enters his/her
final opinion in the system, using his credentials.
SALIENT FEATURES
(a) Data entry by doctor in stages (keeping in mind, typing speed of
doctor and speed of Internet connectivity).
(b) Centralized web enabled solution, hosted at the State Data
Centre. Only a system with Internet connectivity required by the
doctor.
c) In case of some problem with the system, blank formats available
for offline entry, which can be entered subsequently when the
system is working.
(d) Complete audit trail in Admin module for maintaining User Log
and Status details.
(e) The mandatory consent form has been provided in Hindi,
English and Punjabi languages.
(f) Since the role of doctors is very crucial in the whole working of
the system and transfer of doctors is a regular event, a mechanism
has been incorporated in the system in which there is no
intervention of System Administrator to accomplish this. A user can
make required transfer request in the system and HOD of the
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (22 of 30) [CRLMB-173/2025]
transferee institute accepts the request at the time of joining of the
doctor in the institute.
SECURE ACCESS CONTROL TO ENSURE PRIVACY OF
VICTIM, ACCUSED & DOCTOR
(a) There is restricted access to the system and only authorised
users can gain entry into the system based on the login User-ID
and Password issued to them.
(b) Passwords are generated using strong password policy. Users
are forced to change their passwords, on the first login and
passwords are stored in encrypted form.
(c) The doctor conducting the examination and entering/uploading
data of a particular MLR / PMR is able to enter, edit and update
the complete record, till it is converted into a read only, view-only
format.
(d) The access to the system is role-based only.
It is informed to this Court that after the acceptance of software
by the designated doctors & hospitals in the states of Haryana,
Punjab and UT Chandigarh, High Court made it mandatory for
the above states to implement the MedLEaPR software
w.e.f. 03/12/2012. The software implementation progress
is regularly monitored by the High Court and the system is
now being used by the doctors in Government Health
Institutes and Private Nursing Homes/Hospitals in these
States.
38. Though, NIC Haryana circulated this information to all
Judicial Academies, State government etc., however, the State of
Rajasthan, even after more than 13 years has failed to implement
this software and put the system in place completely, therefore, all
PMRs, MLRs etc. are still prepared by hand only in few case by
software is used as noted above.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (23 of 30) [CRLMB-173/2025]
39. On 06.10.2025, when this Court took cognizance of the issue
and posted the matter on 09.10.2025, then it was informed by
learned AAG Mr. Deepak Choudhary that coincidentally the Chief
Secretary, State of Rajasthan had called a specific meting
regarding the complete and proper implementation of the
MedLEaPR software in the State of Rajasthan.
40. This Court interacted with the Principal Secretary, Medical &
Health, Ms. Gayatri Rathore, who informed that from January,
2025 State has started using MedLEaPR software, however, it is
not fully operational up till now due to various factors. She stated
that the doctors require in depth training for preparation of PMR
and MLR etc. of the respective cases. She also informed that I.Os,
as on today, only in the cases where police agencies makes online
request through CCTNS for preparation of MLC and/or PMR etc.,
reports are prepared through the software otherwise in all other
cases the reports are prepared by hand only. The practice,
according to her, which is in place as on date for using the
MedLEaPR software in the State is as under :-
1. Police agency generates the request for MLC or PM
through CCTNS.
2. The generated requests is transferred online to the
concerned doctor/forensic expert or concerned lab through
MedLEaPR platform.
3. The concerned doctor/forensic expert login into his
account and he may view the pending request by the police
and proceed accordingly.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (24 of 30) [CRLMB-173/2025]
4. After performing his MLC/PM, the doctor feeds the report
data online on MedLEaPR platform. The report shall be e-
signed for authenticity and after that the report gets
forwarded to CCTNS where the police agencies can view the
same reports.
41. She further stated that in the cases where police do not
make any request, the reports are prepared only by-hand i.e.
manually.
42. The above statement is highly shocking and surprising.
Leaving option with the police officials/Investigating Officers of the
respective cases for preparation of the report through the software
is highly unacceptable. The purpose for which software was first
time prepared by NIC, Haryana under the order of the High Court
of Punjab & Haryana has been frustrated by the State by leaving
the option with the police officials including the Investigating
Officers in preparation of reports.
43. After considering the detailed written submission including
the suggestions given by learned Senior Counsel Mr. Vineet Jain
assisted by Pravin Vyas, Advocate, the orders passed by various
High Courts in respect of the same issue; the facts noted from
interaction with the Principal Secretary, Ms. Gayatri Rathore and
after hearing learned AAG-cum-GA Mr. Deepak Choudhary, this
Court noticing the fact that the State has already started using the
MedLEaPR software from January 2025, therefore, that there is no
need for any direction in respect of preparation of any new
software, however, deems it appropriate to issue the following
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (25 of 30) [CRLMB-173/2025]
directions to the State Government, for the issue as discussed
above:-
(i) The State through Principal Secretary Medical Education
and Principal Secretary Medical and Health shall jointly/
independently issue a detailed notification or circular within
15 days from the date of this order for preparation of all
MLR, PMR, age determination test, sex determination test,
all other medico legal reports etc. through MedLEaPR
software by all doctors of Government and private
establishment etc. strictly without any fail w.e.f.
01.02.2026.
(ii) The Additional Chief Secretary, Home is directed to issue
circular to all police officials, Investigating Agencies and
Investigating officers of all cases to generate request for
preparation of all MLR, PMR etc., in all cases through CCTNS
compulsorily. In no case the medical reports shall be
prepared by hand after 01.02.2026. In any case, if MLR, PMR
etc. are prepared by hand or without use of MedLEaPR
software, after 01.02.2026, then the investigating officer,
concerned SHO, the Superintendent of Police of the respect
of districts and Commissioners of the respective Jaipur and
Jodhpur Commissionerate would be personally responsible.
(iii) The State Government is directed that, till the system
is completely put in place, all MLR, PMR etc. would be
prepared in capital letters with clean and legible handwriting
and would be accompanied by a typed copy of the document,
which includes PMR, MLR, age determination test, sex
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (26 of 30) [CRLMB-173/2025]
determination test etc., but also all medical reports,
prescriptions of physicians, OPD slips, written medical
opinion etc., and must be in fully comprehensible after
08.12.2025.
(iv) As the present format for preparing PMR, MLR etc. have
insufficient space for preparation of reports, therefore, both
Principal Secretaries are directed to ensure issuance of new
formats having sufficient space and extra columns for
preparation of reports of PMR and all MLRs so that there is
no overlapping or criss-crossing. These formats must be
available to all PHCs, CHCs, SDHs and district hospitals etc.
within 10 days from the passing of this order.
(v) The Additional Chief Secretary Home; Principal Secretary
Medical Health; Principal Secretary, Medical Education and
DGP Rajasthan would ensure proper circulation and wide
publicity of their respective notification/circulars, which
would be issued independent/common for compliance of
above-mentioned directions in the State of Rajasthan to
strictly follow the timelines and the directions.
(vi) The directions of this Court and notification/circular shall
also be brought to the knowledge of all doctors, police
officials, Investigating Officers etc., and also government and
private establishments, by putting an information in a form
of notice to be published in English and Hindi newspaper of
the State.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (27 of 30) [CRLMB-173/2025]
(vii) All medical reports after 08.12.2025 must be prepared
in capital letters up to 31.01.2026 and from 01.02.2026 only
though MedLEaPR software.
(viii) The State shall also ensure that all reports are
uploaded with a proper QR Code to check its authenticity and
details of the case for which it was prepared along with other
relevant details.
(ix) All medical reports prepared by various government and
private medical labs, in respect of tests as conducted for
various medical ailments etc., must contain specific opinion
and conclusion of the pathologist etc., with physical
signature (not digital) about the conclusion of the test as
conducted.
(x) For fair and timely investigation and for administration of
justice, the State shall ensure that all samples collected
during investigation of the cases by police and other
investigation agencies must be deposited for forensic report
in FSL, maximum within five days from the date of collection
and should not remain in the police station thereafter except
for extraordinary reasons and circumstances to be
mentioned in the letter submitted along with sample.
(xi) Sending or receiving of sample in FSL must be
communicated with self generated E-mails and SMS on the
designated e-mails, mobile number of the concerned
IO/authorised person.
(xii) The reports, on preparation and uploading must be e-
accessible to IO, doctors concerned or the person authorised.
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (28 of 30) [CRLMB-173/2025]
(xiii) In the MedLEaPR software IO/authorised person must
be able to track the status of sample submitted for forensic
report in FSL.
(xiv) The State shall also ensure that while preparing and
storing the reports in MedLEaPR software, no data is shared
with any unauthorized person. For any unauthorized
disclosure of information, the person responsible would be
held liable and necessary administrative action be taken
against him. The data must be secured and protected from
any unauthorized access, leakage, sharing etc., through
digital or other means.
(xv) The State shall allow access to the medical reports, as
prepared in respective cases, to the Authorities, Agencies
etc., which are related or interested or concerned with the
report for necessary administrative and/or legal action at
their end. The access shall be provided only on the request
of the authority etc., after due permission of Principal
Secretary concerned or authorized person.
(xvi) For implementation of the above directions, for use of
MedLEaPR software, the Principal Secretary Medical and
Health and the Principal Secretary Medical Education are
directed to provide the following infrastructure to all PHCs,
CHCs, SDHs and district hospitals:-
I. Computer with required specifications, printer, scanner and
UPS
II. High speed internet connectivity, 24/7
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (29 of 30) [CRLMB-173/2025]
and any other infrastructure if required, at the respective
hospital/health center etc., within a period of 30 days from
the date of passing of this order and make them fully
operational before 31.01.2026.
(xviii) The above Principal Secretaries shall also ensure that
all required doctors/Medical Jurists are registered on
MedLEaPR within 20 days from the date of this order.
44. For compliance with the above directions, Additional Chief
Secretary, Home, Director General of Police, Principal Secretary
Medical and Health and Principal Secretary Medical Education shall
submit a compliance report on the above directions within 45 days
from the date of passing of this order informing the details of the
notification/circular as issued, number of doctors/Medical Jurist
registered and trained, information circulated in newspaper and
required infrastructure as provided and new form of PMR, MLR and
injury report etc., as issued. The compliance report must also
contain the affidavit of all CMHOs, Head/Superintendent of all
Government Hospitals, authorised person/Head of all private
hospitals, clinics, other establishment etc. regarding knowledge of
the directions as issued above and steps, if required, taken for
compliance.
45. The notification or circular must also contain the specific
order that in case of preparation of the above-mentioned reports
by hand and not by MedLEaPR software is noted in any case
(where Reports are prepared after 01.02.2026), then the
same would lead to initiation of disciplinary action under
Rajasthan Civil Services (Classification, Control and Appeal) Rules,
(Uploaded on 17/11/2025 at 06:56:58 PM)
[2025:RJ-JD:46368] (30 of 30) [CRLMB-173/2025]
1958 and other applicable rules and regulations against the
responsible Government doctor and other responsible Government
officials and authorized persons of private establishment.
46. Any violation of the directions as issued in this case would
also amount to contempt of order of this Court and the
proceedings under the Contempt of Court Act, 1971 would be
initiated suo moto against responsible officials/persons.
47. This Court appreciate the efforts and valuable assistance
provided to by the Senior Advocate Mr. Vineet Jain in the matter.
48. Copy of this order to be forwarded to Additional Chief
Secretary Home; Director General of Police; Principal Secretary,
Medical and Health and Principal Secretary, Medical Education for
compliance.
(RAVI CHIRANIA),J
Sanjay Singh/-
(Uploaded on 17/11/2025 at 06:56:58 PM)
Powered by TCPDF (www.tcpdf.org)
