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2017 DIGILAW 1926 (RAJ)

SHIKHAR CHAND JAIN v. STATE OF RAJASTHAN

2017-08-29

PRADEEP NANDRAJOG

body2017
ORDER : Pradeep Nandrajog, J. One Ladhu Lal made a statement pursuant whereto an FIR was registered at P.S. Uniara, District Tonk. Ladhu Lal was subjected to a medical examination. One Dr.Rajesh Bohra, a Radiologist gave an opinion concerning X-ray of the skull of Ladhu Lal that he could detect a fracture in the skull and based thereon a report was given by Dr. M.K. Soni that Ladhu Lal had suffered grievous injury. 2. The police sought a further opinion. Petitioner, Dr. Rajesh Bohra and Dr. S.B. Mathur were constituted as a Medical Board. All three examined X-ray plates and opined that indeed there was a fracture. Consequently, the police added the offence punishable under Section 307 IPC in the FIR. 3. Investigation being transferred to CID(CB), Jaipur another Medical Board was formed which considered the X-ray already obtained and opined that there was no fracture in the skull. 4. The investigating agency suo motu took action against the petitioner, Dr. Rajesh Bohra and Dr. S.B. Mathur. Along with the charge-sheet against the main accused for offences punishable under Section 308, 323/34 IPC, the three doctors were charged for an offence punishable under Section 197 IPC. 5. Vide impugned order dated August 16, 2002, the learned trial Court has framed charge against the petitioner and two other doctors for offences punishable under Section 195 read with 197 IPC. 6. I am informed that Dr. Rajesh Bohra and Dr. S.B. Mathur have died. 7. In view of the decision of the Supreme Court reported as JT 2016(1) SC 165: Prem Sagar Manocha v. State(NCT of Delhi) pertaining to opinions given, which are obviously based on the knowledge and appraisal of the material before the opinion giver, charges cannot be framed for having committed the offences. That apart, section 224 of the Code of Criminal Procedure, 1973 which deals with persons who may be charged jointly is not attracted in the present case. Those, who assaulted Ladhu Lal and the petitioner cannot be tried together. Further, offences punishable under Section 195 and 197 IPC are non cognizable and investigation pertaining thereto has to be after taking permission of the Magistrate and if prima facie case being made out, a complaint has to be filed before the learned Magistrate. 8. Those, who assaulted Ladhu Lal and the petitioner cannot be tried together. Further, offences punishable under Section 195 and 197 IPC are non cognizable and investigation pertaining thereto has to be after taking permission of the Magistrate and if prima facie case being made out, a complaint has to be filed before the learned Magistrate. 8. I dispose of the petition quashing the order dated August 16, 2002 insofar it frames a charge against the petitioner for having committed offences punishable under Section 195/197 IPC.