Mahendra Singh and anr. Vs. State of Rajasthan and anr. - Court Judgment

Excerpt:
criminal procedure code, 1973 - section 482--trial court directed the concerned police station in-charge to get injured complainant medically examined from govt. hospital and place the report of same on record--apprehension of petitioners that fresh medical examination after 3 months may not give correct report and due to which accused-respondent may get scot free--held, apprehension of petitioners is misconceived, it is for trial court to consider the entire evidence at appropriate stage--no interference called for.;misc. petition dismissed - ashok parihar, j.1. petitioner has challenged the order dated 22.1.2001 by which the trial court has directed the concerned police station in-charge to get the injured complainant tejpal medically examined from the government hospital, neem ka thana, and place the report of the same on record.2. the only contention, as raised on behalf of the petitioners, has been that after three months the medical officer may not give correct report in regard to injuries sustained by petitioner no. 2 three months back. the apprehension of the petitioners has been that because of the fresh medical examination, the accused-respondent may get spot free.3. after hearing learned counsel for the parties and perusing the material on record, in the facts and circumstances of the present case, in my opinion, the apprehension of the petitioners is wholly misconceived and uncalled for. it is for the trial court to consider the entire evidence at the appropriate stage. i find no ground for any interference of this court in the present misc. petition. the same is dismissed accordingly.