1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. WRIT PETITION NO.74 OF 2011 (CHANDRAKANT JAIRAMJI ADHAU..VS.. STATE OF MAH. & 4 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.K.Mishra, Advocate for Petitioner. Mr. T.A. Mirza, A.P.P. for Respondents. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : APRIL 11, 2011. Heard learned counsel for the petitioner and learned A.P.P. for the respondent-State. The petitioner was assaulted by some persons on 12.12.2010. In relation to the said incident he approached Police Station, Kuhi. The police registered non-cognizable offence under Sections 323, 504 and 506 of the Indian Penal Code. The grievance of the petitioner is that in fact an FIR had to be registered under Section 325 of the Indian Penal Code as he had sustained fracture to his left forearm in the incident, still the case was registered as non-cognizable case. The affidavit filed by learned APP shows that on the day of incident the petitioner and his son were sent to the Rural Hospital, Kuhi for medical examination. The medical certificates issued by the Medical Officer are annexed to the said affidavit. The learned APP pointed out that as both the medical certificates stated that the injuries sustained by the petitioner and his son are simple in nature, an offence under Section 323 of the Penal Code was made out hence, N.C. came to be registered. 2 The learned counsel for the petitioner pointed out that as petitioner No.1 had severe pain in his left arm he went to the Government Medical College and Hospital at Nagpur. On examination he was sent for x-ray. The x-ray report revealed fracture to his left forearm. Thus, relying on this medical certificate, issued by the Government Medical College and Hospital, Nagpur, the learned counsel for the petitioner stated that a case under Section 325 of the Indian Penal Code was clearly made out, hence, FIR ought to have been registered under Section 325 of the Indian Penal Code. In reply, the learned APP points out that till today the said certificate has not been produced by the petitioner before Police Station, Kuhi. In view of the earlier certificates, issued by the Rural Hospital, Kuhi, rightly NC came to be registered. The learned APP further states that if the medical certificate issued by the Government Medical College and Hospital, Nagpur is produced before Police Station, Kuhi, they will take necessary steps. The learned counsel for the petitioner states that he will produce all the necessary papers before Kuhi Police Station and will also send an extra copy of the same by Registered Post A.D. to Kuhi Police Station. On the papers being received, by Kuhi Police Station, they will verify the medical certificate and if found genuine register first information report under Section 325 of Indian Penal Code. With the above direction, the writ petition is disposed of. JUDGE JUDGE RR..