07/04/2026
2026 YLR 208
Medico legal examination, challenging of---Limitation---Reason which prevailed the Magistrate to decline the application moved by the petitioner for re-medico legal examination was that the application was to be moved within twenty-one days---Held: So far as the ground taken by the learned Magistrate to the effect that the application was to be moved within twenty-one days was concerned; in this regard two letters issued by Government of the Punjab, Health Department, Lahore, were relevant; both bearing (the same) NO.SO(H&D)6-1/90, first was dated 12-2-1990 ('letter dated 12-2-1990') ; while the second was dated 8-2-1992 ('letter dated 8-2-1992')---In the letter dated 12-2-1990 the maximum period for medical re-examination was fixed as three weeks which stood enhanced to indefinite period vide letter dated 8-2-1992---However, the said indefinite period should be reasonable according to the discretion of the District Magistrate keeping in view the fact that the injuries on the person of injured to be medically re-examined were healed with the passage of time---High Court directed concerned Medical Superintendent, District Headquarter Hospital, to ensure a meeting of District Standing Medical board earliest for re-medico legal examination of injured / complainant of subject FIR---
Reasons which prevailed the Magistrate to decline the application moved by the petitioner for re-medico legal examination was that application was not carrying specific allegation regarding fabrication of injury---Validity---Perusal of description given by the Medical Officer of MLC-under-consideration revealed that the victim/lady was having a sole injury on the back of her left hand and the Medical Officer observed the availability of swelling without contusion, abrasion or laceration at the given seat of injury---Description of the injury given by the medical Officer, prima facie, required re-medico legal examination as according to the contents of crime report the injury was caused with a forceful blow of iron rod, a heavy blunt object, but surprisingly injured was not having any contusion, abrasion or laceration on or around the given seat of injury---High Court directed concerned Medical Superintendent, District Headquarter Hospital, to ensure a meeting of District Standing Medical board earliest for re-medico legal examination of injured / complainant of subject FIR---
Sagheer Ahmad vs Sessions Judge, Kasur
