Rajasthan HC Orders Action Against Medical Officer Who Erroneously Classified Victim's Injuries As Life-Threatening In Attempt To Murder Case
A bench of Justice Rajendra Prakash Mishra at the Rajasthan High Court has frowned upon an allegedly erroneous report prepared by a medical officer in an attempt to murder case and directed the Secretary, Medical and Health Department to take appropriate action against the officer.The Court was hearing a bail application filed by the accused who was booked for attempt to murder. After...
A bench of Justice Rajendra Prakash Mishra at the Rajasthan High Court has frowned upon an allegedly erroneous report prepared by a medical officer in an attempt to murder case and directed the Secretary, Medical and Health Department to take appropriate action against the officer.
The Court was hearing a bail application filed by the accused who was booked for attempt to murder. After perusing the records, the Court observed that the injured had received two injuries out of which none were found to be bony by the radiologist.
Despite this, it was discovered that the medical officer had opined that one of the injuries was life-threatening, without mentioning any specific reasons for such an opinion.
The Court held that this opinion prima facie indicated that the report was prepared by the medical officer in a very casual manner, without any application of mind.
It observed that because neither injury was life-threatening the applicant, who was booked for attempt to murder, had substantial grounds to question the case of the prosecution.
Accordingly, the Court allowed the bail application observing that no useful purpose would be served by detaining the applicant for an indefinite period of time.
With respect to the actions of the medical officer, the Court directed the order to be sent to the Secretary, Medical and Health Department for appropriate action to be taken against the errant officer.
Title: Bhanwar Khan v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 175