IN THE fflGH COURT OF CHHATISAGARH AT BILASPURf C.G} WP(C).....^.^D.........2008 (Single Bench other matter) PETITIONER r" C.P.GANDm, Agedabout 65 years, S/0 Late T.R.Gandhi, EX- Dy.G.M (Incharge GM), Bhilai Refractories Plant, R/0 Plot 40/46,Street-13, Pragatinagar, Risali, Teh& Distt :Durg (C.G) ^ /.^ Versus RESPONDENTS -^ ^.. l.+'1 L-^.___ 1. State Of Chhatissarh Through: Town Inspector, Police Station-NEWAI, .^Teh & Distt: Durg(C.G) 2. Superintendent Of Police, Durg District, Durg(C.G) 3. Chief Medical & Health Officer, ^\ Durg Govt.Hospital, Distt: Durg, , Durg(C.G) 4^hri S.K.Roy, • ^9 ^«^??x& Assoclates' ( <s? 88/5> Maitri Nagar, RisaU , Teh & Distt: Durg(C.G) Bhilai-490006. 5, ShriP.K.Shrivastava, C/0 Roy & Associates, 88/5, Maitri Nagar, Riasali Teh & Distt: Durg(C.G) Bhilai-490006 PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OFINDIA HIGH COURT OF CHHATTISG.^R.H AT BILASPUR WRn'PETmONLQNQ, 2790 OF 2008 PETmONER RESPONDENT8 C.P. Gandhi VER8US State ofCliliattisgarh & Others \VRII PETITION U/S .ARTICLE 226.0F THE CONSTITUTION OF INDIA SB: Hoii'Me Shri Satish K. Agmhotii. J. Preserit: Shri V.G. Tamaskar, Advocate for the petitioner. Shri M.P.S. Bhatia, Dy. Govt. Advocate for the State/ resporide'nts No. 1 to 3. Noiie for respondents No.4 & 5. ' ORDER ('ORAL) (Passed on 19m day of October, 2010) 1. Heard leamed coimsel for the petitioner as well as the State/respondents No.l to 3. 2. By this petition, the petitioner seeks a direction to the respondents No.l to 3/State to refer the respondent No.5 to the Medical Board of.^11 India Institute ofMedical Sciences to examine him asto whether the fracture sustained by the respondent No.5 in his fmgiire is old oiie or fresh. Leamed counsel appearmg for the petitioner submits that there are two medical reports, which are coiitradictoiy to each other. Thus, nothing can be made out, as accordmg to the petitioner, the petitioner has not committed aiiy crime, which led into breaking offingure ofrespondent No.5. 3. None appears on behalfofthe respondent No.5 to object the aforesaid submission made by leamed counsel appeariiig for the petitioner, ^gsa^-^s^-"-".-- •^ Be that as it may, without expressing any opimoti or obsei-vation with regard to the pending criminal case before the Judicial Magistrate First Class, Durg, there is nothing ^wong ifthe finger ofthe respondent No.5 is examined again by the Medical Board ofMedical College, Raipur. However, it is made clear that the trial Court shall be free to consider the admissibility or validity of the new medical report in accordance with law without being influenced by the direction ofthis Court in the matter. Accordingly, the respondents No.l to 3/8tate is directed to have one more exaiiiination of the concemed fmgiire of the respondent No.5 done by the Medical Board of Medical College, Raipur, within a period oftwo weeks from the date ofreccipt ofa copy ofthis order. Accordingly, tlic vwit petition is disposed of. No order asto costs. Sd/- Satish K-Agnihotri Judge Gowri