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Rajasthan High Court - Jodhpur
Ajeet Singh vs State Of Rajasthan (2026:Rj-Jd:13421) on 18 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:13421]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1673/2026
Ajeet Singh S/o Shri Bahal Singh, Aged About 47 Years, Resident
Of Village Dholnagar, Tehsil Sangaria, District Hanumangarh,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Public Prosecutor
2. The Superintendent Of Police, Hanumangarh, Rajasthan.
3. The Station House Officer, Police Station - Sangaria,
District Hanumangarh, Rajasthan
4. The Chief Medical And Health Officer, Hanumangarh,
Rajasthan.
5. Veriyan Brar S/o Shri Jagvinder Singh, Resident Of Ward
No. 10, Village Dholnagar, Tehsil Sangaria, District
Hanumangarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mudit Nagpal
For Respondent(s) : Mr. N.S. Chandawat, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
REPORTABLE
18/03/2026
1. The petitioner finds himself ensnared in the web of criminal
proceedings under FIR No. 14/2026, lodged at the Police Station
Sangariya, Hanumangarh with his case resting on allegations that
he is involved in a manufactured and fabricated criminal
enterprise. Upon a meticulous perusal of the case, the petitioner
contends that the charges against him are rooted in a malicious
narrative, constructed not by credible evidence but through undue
political influence exerted by the complainant. This undue
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influence, as per the petitioner's assertion, led to the creation of a
doctored and exaggerated medico-legal report, meant to falsely
amplify the gravity of the alleged offence.
2. In this context, the petitioner made an earnest plea before
the Superintendent of Police, Hanumangarh requesting the
formation of a specialized medical board to independently re-
examine the injuries sustained by the victims namely Jagvinder
Singh and Kulvinder Singh. This request was based on the
assertion that the initial medical report had been tainted by undue
influence, and a re-examination was necessary to ascertain the
authenticity and gravity of the injuries in a transparent manner.
The Superintendent of Police, Hanumangarh after due
consideration, forwarded the requisition to the Chief Medical and
Health Officer (CMHO) with the expectation that the examination
would be carried out by a competent medical board. However, in a
disconcerting development, the CMHO declined the request on the
grounds that the Superintendent of Police, Hanumangarh lacked
the legal competence to issue such directives.
3. Faced with this roadblock, the petitioner sought redress
before the judicial officer, hoping that the court would recognize
the need for an independent medical evaluation to safeguard his
rights. Yet, the learned Magistrate, by the impugned order,
declined to issue directions to constitute a medical board. This
refusal prompted the petitioner to approach this Court, seeking
intervention in light of what he perceives to be a manifest
injustice.
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4. I have heard the counsel for the parties and gone through
the order impugned as well as other material available to this
Court.
5. Upon a careful and nuanced review of the facts, this Court is
struck by the gravity of the petitioner's assertions, especially the
claim that the victims' injuries have been grossly exaggerated in a
concerted effort to falsely elevate the severity of the offence. The
Court, having considered the procedural and factual underpinnings
of the case, is of the firm view that the allegations, which question
the veracity of the medical evidence, cannot be brushed aside
lightly. If, indeed, there is a genuine concern about the falsification
of medical reports, it falls squarely within the purview of a
thorough and impartial investigation. The technicalities
surrounding the nature and severity of the injuries require expert
opinion, and the formation of a medical board will serve as a
critical mechanism for ensuring that justice is dispensed without
prejudice.
6. This Court further observes that the re-examination of the
victims Jagvinder Singh and Kulvinder Singh by a qualified medical
board serves a dual purpose. Firstly, it provides an opportunity to
validate the existing medico-legal reports, thereby ensuring that
the evidence presented is not tainted by manipulation. Secondly, if
the medical board identifies discrepancies or inconsistencies in the
earlier reports, it will be imperative to correct these findings, as
the integrity of the case depends heavily on the authenticity of the
medical evidence. This is not merely a procedural formality but a
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substantive measure to safeguard the accused from being unfairly
prosecuted based on misleading or fabricated evidence.
7. It is pertinent to note that the interests of justice do not lie
solely with the prosecution or the accused, but in the overarching
pursuit of truth. In this case, facilitating the formation of a medical
board will ensure that the true nature of the injuries is discerned,
which will not only clarify the accused's position but also provide
the prosecution with a foundation rooted in factual accuracy.
8. This Court, therefore, finds that the learned Magistrate erred
in declining the petitioner's application for the constitution of a
medical board. In light of the serious allegations of medical
falsification, it is deemed necessary to intervene in the interests of
justice.
9. Accordingly, this petition is allowed. The order dated
13.02.2026 passed by the learned Additional Chief Judicial
Magistrate (ACJM) is hereby set aside. In its stead, the Court
directs the District Magistrate/Collector, in collaboration with the
Chief Medical and Health Officer (CMHO) and the Principal Medical
Officer (PMO) of the Government Hospital concerned, to
immediately constitute a medical board consisting of three
qualified doctors. The medical board shall comprise a surgeon and
two other experienced medical officers who will be tasked with
conducting a thorough and independent re-examination of the
injuries sustained by the victims namely Jagvinder Singh and
Kulvinder Singh.
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10. The Superintendent of Police, Hanumangarh shall ensure
that all necessary arrangements are made for the protection of the
victims during their examination before the board. This will include
ensuring their safe transport and security during the medical
evaluation. The medical board shall prepare a comprehensive
report of its findings, and should any discrepancies or
contradictions be found in the earlier medico-legal reports, these
shall be explicitly noted and included in the final report.
11. This report shall then be forwarded to the Superintendent of
Police, Hanumangarh for inclusion in the case diary, and
appropriate action shall be taken to further the investigation,
based on the fresh findings. The entire process, from the
constitution of the medical board to the final report, shall be
completed expeditiously within a period of seven days from the
date of receipt of this order.
12. The Court is of the opinion that any undue delay in the
examination of the victims' injuries could result in the
deterioration of the medical evidence, thus hampering the truth-
seeking process. Therefore, it is of utmost importance that the
medical board is constituted immediately, and the examination is
carried out promptly to prevent any loss of critical evidence.
13. In conclusion, the Court strongly affirms that the
preservation of fairness and justice necessitates that the injuries
of the victims be re-examined by an independent medical board.
Any variance or inconsistency found in the initial reports will be
integral in shaping the course of the investigation. With this
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reasoning, the petition is allowed, and the order of the learned
Magistrate is set aside. The matter is to be treated with urgency
and care, ensuring a fair and unbiased resolution.
14. The stay petition as well as all pending applications, if any,
shall stand disposed of.
(FARJAND ALI),J
159-Mamta/-
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