Law: Criminal Procedure Code (V of 1898)

Section: 464,465

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 464 465---Penal Code (XLV of 1860), Ss. 302, 148 149---Constitution of Pakistan, Art. 199---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Application of petitioner for constituting Provincial Standing Medical Board had been turned down by the Magistrate---Scope claimed that he sustained firearm injuries at the hands of respondent who was armed with .30-bore pistol---Medico-Legal Certificate of the petitioner issued by Medical Officer showed that injuries were caused by firearm challenged that Medico-Legal Certificate before the Area Magistrate who ordered the petitioner’s re-examination by the District Standing Medical Board---Said District Standing Medical Board gave an opinion that the injuries were not by firearm moved the Magistrate for making a reference to the Provincial Standing Medical Board---Magistrate declined the request---Validity had alleged that one of the respondents exerted political pressure on the District Standing Medical Board to procure the impugned report but had not furnished any details---Allegation was, therefore, rejected being vague and unsubstantiated---District Standing Medical Board’s opinion was deficient in material particulars---Firstly, it had mentioned that the petitioner’s clothes which he wore at the time of the incident did not relate to the use of firearm but had not explained how---Secondly, there was no suggestion that the petitioner’s injuries were fabricated---District Standing Medical Board had not stated what type of weapon could have been possibly employed if it was not firearm---As adumbrated, that was a case of two versions, one set out in the FIR by said respondent and the other by the petitioner’s side---Reference to the Provincial Standing Medical Board was necessary to dig out the truth which was the basic object of every inquiry and trial---Petition was accepted and re-examination of the petitioner by the Provincial Standing Medical Board was ordered, in circumstances. Muhammad Rizwan v. The State and others 2017 MLD 1828; State of Himachal Pradesh v. Jai Lal and others (1999) 7 SCC 280; State of Haryana v. Bhagirath and others AIR 1999 SC…

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