JAIPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this Criminal Misc. Petition, the petitioner challenges the order dated 12.4.2019 passed by the learned Civil Judge and Judicial Magistrate, Bamanwas, District Sawaimadhopur whereby cognizance has been taken against the petitioner for the offences under Section 217 I.P.C.

(2.) Learned Counsel for the petitioner submits that an FIR bearing No. 131/2018 was registered against the petitioner on the complaint of respondent No. 2-Suman Kumari at Police Station Batoda, District Sawaimadhopur. The said FIR was originally registered by the Station House Officer (SHO) under Sections 143, 341, 323 I.P.C. The investigation was handed over to one Head Constable- Salamuddin who conducted the investigation. As regards the injuries caused to the injured-Suman Kumari, initially an MLR was given where the opinion was reserved regarding nature of injuries and X-Ray of skull was advised. A supplementary MLR was given on 25.9.2018 which mentioned that the bandage was not removed due to tenderness and X-Ray report is awaited. However, opinion was not given in the second supplementary MLR. After the X-Ray report was received, the Investigating Officer asked the Medical Jurist to give his opinion who stated in his report mentioning that "if the patient would not have been treated for the injuries caused on the head, it would have been fatal and caused death."

(3.) On an application moved by one accused-Hargyan, the District Magistrate directed to constitute a Medical Board to conduct medical of the injured and the Medical Board gave its opinion that "after going through the examination of treatment record, old and new X-Ray of skull and condition of patient, the Board is of the opinion that the injuries mentioned are not dangerous to life in ordinary course of nature at present."