2004 PLP 1401 (MLD)

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner seeks setting aside of order dated 17‑3‑2004 passed by learned Additional Sessions Judge, Khanewal whereby he has accepted Revision Petition filed by respondent No.2 against the order dated 19‑1‑2004 passed by the learned Ilaqa Magistrate by which application filed by respondent No.2 for constitution of Medical Board for re‑examination of Muhammad Iqbal and Rab Nawaz injured P.Ws. was dismissed.

2. The brief facts of the case are that case F.I.R. No. 125 dated 22‑12‑2003 was registered under sections 337‑F(ii)/337‑F(iii)/337 L(ii)/337‑A(i), P.P.C. at Police Station Makhdoom Pur at the instance of the petitioner against respondent No.2 and seven other persons for causing injuries to the petitioner and Rab Nawaz. Respondent No.2 moved an application to learned Judicial/Ilaqa Magistrate for constitution of the medical board as the medical certificates according to him were obtained through fraud which was dismissed by the learned Judicial/Ilaqa Magistrate on 19‑1‑2004‑ on the ground that after 26 days of medical examination the medical board could not be constituted for re‑examination. Against this order Revision Petition was filed before the learned Additional Sessions Judge, Khanewal who has accepted the, same on the ground that only medical expert can give the opinion regarding nature of the injuries.

3. Learned counsel for the petitioner contends that the order passed by the learned Ilaqa Magistrate was an executive order and against the said order no revision petition could be filed, hence the order is without jurisdiction. Also contends that now after three months there is no possibility of any opinion by the medical board regarding the nature of the injuries, hence its constitution would be a futile exercise.

4. I have heard the learned counsel for the petitioner and also gone through the impugned order. The learned Judicial/Ilaqa Magistrate while exercising his judicial powers had dismissed the application of respondent No.2 regarding the constitution of the medical board merely on technical ground that 26 days were elapsed after first medical examination and the medical board according to the instructions of the Health Department could only be constituted within 21 days. Learned counsel for the petitioner has failed to show anything for declaring the said order as an executive order, hence, it cannot be said that the revision petition was not maintainable. As far as the impugned order is concerned, I do not find any illegality in the findings arrived at by the learned Addl. Sessions Judge while accepting the revision petition. He has also referred letter dated 8‑2‑1992 according to which no time limit has been given for re‑examination. It is strange that why the petitioner or other injured are reluctant to appear before the Medical Board which is only empowered to give opinion regarding the nature of the injuries and also that whether after such a delay an opinion can be given or nor. Moreover, this exercise will satisfy the accused party who are claiming these injuries to have been self‑inflicted and also help the learned trial Court to reach at a just conclusion. Learned counsel for the petitioner has failed to show any jurisdictional defect in the impugned order which according to my observations is also not an adverse order.

5. For the foregoing reasons, I do not find any merit in this writ petition, which is dismissed in limine. H.B.T./M‑366/L Petition dismissed.