PRAVEEN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of this criminal misc. petition challenges the order dated 5th November, 2019 passed by the learned Additional Chief Judicial Magistrate, Nadbai, District Bharatpur, whereby the learned Magistrate has directed the Medical Board to be constituted to conduct the MLR of the injured person.

(2.) Learned counsel for the petitioner submits that learned Magistrate does not have this power under Code of Criminal Procedure to direct for a medical examination through Medical Board and relies on the judgments passed by the Supreme Court in Divine Retreat Centre v. State of Kerala and ors., reported in (2008) 3 SCC 542 as well as in Gangadhar Janardan Mhatre v. State of Maharashtra and Ors., reported in (2004) 7 SCC 768.

(3.) Learned counsel submits that such powers to interfere with the investigation could not have been exercised at the behest of accused by learned Magistrate.