Law: Pakistan Penal Code, 1860

Section: 34,337-F(v)

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----Ss. 337-F(v) & 34---Constitution of Pakistan, Art. 199--- Ghayr-jaifah-hashimah, common intention---Constitutional petition seeking constitution of a Special Medical Board---Scope---Accused was supposed to move application for constitution of Special Medical Board within three weeks from the date of initial medical examination of the injured---Contention of accused was that the time limit as fixed by Health Department's notification was without any substance---Medical Officer had found the affected part of the hand of injured swollen at the time of his medical examination and kept said injury under observation to be declared by the radiologist who detected fracture of second metacarpal bone of the hand of the injured---Medico Legal Officer on said report declared the nature of injury Ghayr-Jaifah-Hashimah---No foul play could be found in the entire exercise---Special Medical Board for re-examination of the injured person could not be ordered to be constituted whimsically or gratuitously---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.--- The petitioner's application for constitution of special medical board for reexamination of injuries of Ahmad Nawaz (respondent No.4) was dismissed by the learned judicial magistrate, Bhakkar on 12.1.2016, whereafter he filed a revision petition against the said order. which also met the same fate, as may be found from order dated 25.1.2016, made by the learned Additional Sessions Judge, Bhakkar. He has challenged validity of both the orders through this petition under article 199 of the Constitution of Islamic Republic of Pakistan 1973. 2. The relevant facts behind this petition are that respondent Ahmad Nawaz got case FIR No.2/16, dated 3.1.2016, under section 337F(v)/34 P.P.C., registered at police station Saray Mahajar, district Bhakkar against Abdul Rasheed (petitioner) and others with the allegation that they being armed with dandas/sotas trespassed on his dera at 4.30 p.m. on 8.12.2015 where they uprooted a couple of plants/trees, threw his son Junaid Ahmad on the ground and dealt a danda blow to his left hand, which caused dislocation of a…

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