Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 337-A(i)/337-A(ii)/337-L(ii)/337-F(i)/148/149---Punjab Government Notification No. SO(H&D)6-1/90, dated 12-2-1990---Punjab Government Notification No. SO(H&D)6-1/90, dated 8-2-1992---Constitution of Pakistan (1973), Art.199---Constitutional petition---Magistrate had allowed reexamination of the injured witness on the application of accused, which order had been set aside by Sessions Court in revision on the ground that Medical Board could not be constituted after 21 days of the first medical examination of the injuries, as the injuries would have healed up in 5 to 7 days---Validity---Notification of the Government of Punjab, Health Department No. SO(H&D)6-1/90, dated 12-2-1990 had ordained that the order for constitution of Medical Board to re-examine the injuries must be passed within three weeks---Another notification No. SO(H&D)6-1-/90, dated 8-2-1992 had clarified that if re-examination order was passed by the District, Magistrate in judicial capacity even after three weeks of the first examination, the same would supersede the Notification, dated 12-2-1990---Magistrate had ordered re-examination of the injured after. a period of six months of his first examination, which was not much in quest of justice at such a belated stage---Even Sessions Court did not appear to be aware of the notification dated 8-2-1992---By the time re-examination of the injured was directed the injuries must have healed up and any opinion of the Medical Board would be more on a topsy-turvy view which could create misgivings---Conclusion drawn by the Sessions Court was consequently upheld by High Court for its own reasons---Constitutional petition was dismissed accordingly. 1999 PCr.LJ 2005 and 2001 MLD 1242 ref. THIS JUDGMENT DELIVERED BY: SYED ALI HASSAN RIZVI, JUSTICE:---.--- Muhammad Hanif Shah petitioner has filed this writ petition to challenge the validity of the order dated 4-2-2009 whereby he had set aside the order dated 26-1-2009 passed by the learned Magistrate Section 30, Tandlianwala, District Faisalabad. 2. At the instance of Dilawar Ahmad case F.I.R. No. 479 of 2008 was registered under sections…

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