Research › Search › Judgment

High Court of Rajasthan · body

2017 DAILYLAW 2874 (RAJ)

HARBUX v. STATE OF RAJ AND ANR

CRLMP/6221/2017 · 2026-03-09

Anoop Kumar Dhand

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6221/2017 Harbux S/o Shri Madharam, R/o Hamirpura, Harsora, District Alwar. ----Petitioner Versus 1. State Of Rajasthan Through Pp. 2. Satish Kumar S/o Shri Jagdish Posti, R/o Hamirpur Harsora, District Alwar. ----Respondents For Petitioner(s) : Mr. Namo Narayan Meena for Mr. Harendra Singh Sinsinwar For Respondent(s) : Mr. Narendra Singh Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 09/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 10.11.2017 passed by the learned Judicial Magistrate Bansur, District Alwar, by which the application submitted by the petitioner for constituting a Medical Board to give a fresh opinion with regard to the injuries sustained by the injured-Rajkumar has been rejected. 2. An FIR No.186/2017 has been registered with the Police Station Harsora, Distrcit Alwar with the allegation that the injured- Rajkumar was assaulted by the accused persons, wherein, he sustained several injuries. These injuries were examined by the Medical Board and after examination of the medico legal report and X-ray report, the medical opinion was given that the injured- Rajkumar has sustained fracture on his head. It appears that the (2 of 2) [CRLMP-6221/2017] petitioner was not satisfied with the aforesaid opinion given by the Medical Board, that is why, he approached the Court below by way of filing the aforesaid application seeking directions for constituting a fresh Medical Board for giving fresh opinion. 3. The aforesaid application submitted by the petitioner has been rejected on the ground that the Medical Board has given the opinion on the basis of and after examining the medico legal report, X-ray report and the medical record of the injured. Since the Doctors of the Medical Board are expert, hence, no doubt can be raised on their opinion, that is why, the Court below has rejected the application submitted by the petitioner by passing a reasoned and cogent order. 4. This Court finds no error in the aforesaid order, which requires any interference of this Court. 5. Accordingly, the instant criminal misc. petition stands rejected. The stay application and all pending applications, if any, also stand rejected. (ANOOP KUMAR DHAND),J KuD/28