CRM No.M-20059 of 2011 (O&M) - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.M. No.M-20059 of 2011 (O&M) Date of Decision : 26.08.2011 Rajender …Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. N.S. Shekhawat, Advocate for the petitioner. Mr. Shekhar Mudgal, A.A.G., Haryana. AJAY TEWARI, J. (ORAL) This petition has been filed challenging the orders (Annexures P-2 and P-4) whereby the prayer of the petitioner for getting him medically examined by the competent authority of PGIMS, Rohtak has been declined. The occurrence took place on 13.02.2011. The Doctor who examined the petitioner declared the injury No.1 as ‘dangerous to life’. Thereafter on 14.05.2011 another medical opinion was received from the Board of Doctors whereby it was declared that the CRM No.M-20059 of 2011 (O&M) - 2- said injury was not dangerous to life but grievous in nature. Consequently, Section 307 IPC was removed and Section 325 IPC was incorporated. Feeling aggrieved the petitioner moved the instant application which as mentioned above has been declined. Learned counsel for the petitioner has argued that even till date the injury has not completely healed. Apart from that he has further argued that a perusal of Annexure P-11 (subsequent medical opinion) tends to give the impression that the evaluation of the injury was done only with the inspection of the record. Learned Assistant Advocate General has very fairly stated that in this view of the matter it would be in the interest of justice if the petitioner is directed to be re-examined by the competent authority, Board of Doctors, PGIMS, Rohtak. Consequently, this petition is allowed. The orders (Annexures P-2 and P-4) are set aside. It is directed that the Director, PGIMS, Rohtak be constituted the Board of Doctors to examine the petitioner. The petitioner is directed to appear before the Board of Doctors, PGIMS, Rohtak on 15.09.2011. The Board of Doctors shall consider the entire medical record as well as examine the medical condition of the petitioner. CRM No.M-20059 of 2011 (O&M) - 3- ( AJAY TEWARI ) August 26, 2011 JUDGE ashish