MALA @ GUNMALA LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the applicant under Section 482 of the Criminal Procedure Code, 1973 (CrPC) praying for the following reliefs:-

(2.) Briefly stated the facts of the case are that respondent No.6- Dr. R.N.Gupta has retired from the post of Medical Officer in December 2009 and is working as Medico Legal Officer in Sahara Hospital, Gwalior. He conducted MLC of injured Kalyan Singh and Manoj Singh, which was filed by the prosecution in a pending Sessions Trial No.121/2018. The stand of learned counsel for the applicants is that the said MLC has not been conducted by a Government Doctor at Govt. Hospital and it was conducted in a private nursing home by the aforesaid Doctor, therefore, Dr. R.N. Gupta may not be examined by the prosecution and the MLC cannot be considered/exhibited/taken on record.

(3.) Per Contra, learned counsel for the respondent has strongly opposed the prayer and has prayed for dismissal of the petition filed under Section 482 of CrPC.