[2025:RJ-JP:29480] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3961/2025 Israil S/o Chajju Khan, Aged About 60 Years, R/o Kot, P.s. Mandawar, Distt. Dausa (Rajasthan). ----Petitioner Versus 1. The State Of Rajasthan, Through The Public Prosecutor. 2. Aas Mohammad S/o Chotya Khan, Aged About 54 Years, R/o Kot, P.s. Mandawar, Distt. Dausa (Rajasthan). 3. Nizamuddin S/o Mammal Khan, Aged About 55 Years, R/o Kot, P.S. Mandawar, Distt. Dausa (Rajasthan). ----Respondents For Petitioner(s) : Mr. S.S. Hasan, Sr. Adv. assisted by Mr. Fahad Hasan For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Manvendra Singh Shekhawat, PP Mr. Bal Ram Vashisth HON'BLE MR. JUSTICE SAMEER JAIN Judgment 01/08/2025 The present petition is filed assailing the order dated 24.06.2025 passed in Criminal Revision Petition No. 27/2025, whereby learned Additional Session Judge has allowed the revision petition filed by the respondent Nos. 2 and 3 and quashed the order dated 15.05.2025, whereby learned Magistrate passed the order for re-examination of the injury sustained by the respondent Nos. 2 and 3 by the Medical Board. Learned counsel for the petitioner has submitted that It is further submitted that cross FIRs were lodged in the instant matter as both the parties have sustained injuries. It is further submitted that learned Additional Session Judge has quashed the order dated 15.05.2025 on the ground that substantial amount of time has passed since the infliction of injuries and same are [2025:RJ-JP:29480] (2 of 3) [CRLMP-3961/2025] healed by now, therefore, no opinion can be given now on the injuries sustained by the respondents at the time of incident. Further, the complainant has prepared the forged and false medical reports. It is further submitted that injuries were medically examined on 21.03.2025 whereas the X-ray was done on 05.04.2025 i.e., after approximately 15 days. Further, it is submitted that there were discrepancies in the medical reports. Therefore, it is submitted that a Medical Board be constituted, which will be neutral qua both the parties, to maintain fairness and transparency in the re-examination. Per contra, learned counsel for the respondent has submitted that learned Additional Session Judge has examined the expert opinion -Doctors, wherein, they have analyzed the veracity of the injuries sustained by the parties. It is further submitted that they have taken into consideration that the X- ray was conducted though after fifteen days approximately, however, the same is not a significant delay. Having heard and considered the arguments advanced by the learned counsel for the parties and upon perusal of the records, this Court is of the opinion that disputed question of facts are involved in the instant matter, thus it is directed that a fresh Medical Board be constituted within a period of 15 days from the date of passing of this order, which shall examine the respective parties, thoroughly, and give its opinion in a fair, independent and impartial manner by 30.08.2025. Medical Board is directed to examine both the parties on 18.08.2025 at 11 A.M., and respective parties are directed to mark presence before the Medical Board on the given date. [2025:RJ-JP:29480] (3 of 3) [CRLMP-3961/2025] Learned Trial Court (Original Court) is directed to ensure the compliance of the aforementioned directions. In view of the above, both the orders be read in above terms. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/59