Take action against doctors, cops for delay in medical reports in criminal cases: HC

Take action against doctors, cops for delay in medical reports in criminal cases: HC

Ajay.Sura@timesgroup.com

Chandigarh:  31.01.2021

In an order with wide ramifications on criminal cases being registered on basis of medical reports of victims, the Punjab and Haryana high court has directed the heads of Punjab, Haryana and UT Chandigarh health departments to ensure that medical opinion in criminal cases is given to police by concerned doctors without any delay.

The DGPs of both the states and UT Chandigarh have also been directed to issue instructions to concerned investigating officers (IOs) to obtain copies of medical reports immediately and make such reports part of their investigation record immediately on receipt thereof.

“Needless to say such instructions should also have the provision that in case of any undue, unreasonable and unexplained delay on the part of the concerned doctor or investigating officer appropriate departmental action shall be taken against them by the competent authorities,” the high court ordered.

The HC has also ordered all sessions judges and others to ask for production of such reports if already prepared at the time of decision of bail application and before commencement of trial.

A single-judge bench of Justice Arun Kumar Tyagi passed the order while exercising its inherent powers during the hearing of a bail plea filed by Sunil Kumar and another resident of Mahendergarh district of Haryana.

The petitioners were booked on April 17, 2020 for the offences under Sections 323 (voluntarily causing hurt), 324 (causing hurt with deadly weapon) and 506 (criminal intimidation) of IPC at Kanina police station of Mahendergarh district.

A day after their arrest, the accused were granted bail by the local court as the charges were mild in nature. However, five months after the incident, the medical report of the victim pointed towards serious injuries after which the police slapped serious charges under Section 326 (voluntarily causing grievous hurt) against the accused.

The accused then approached the HC seeking bail on the ground that they had already been granted bail in the case and the liberty of bail should be continued as they had not misused the condition of bail.

Considering the high number of such instances being received by the HC from both the states and UT Chandigarh reflecting unexplained delay in obtaining medical reports, the judge expanded the scope of the petition and passed the orders exercising inherent powers. The judge has also asked both the states of Punjab and Haryana and the Chandigarh administration to file replies on the issue by February 2 on the issue.

COURT OBSERVATION

There is undue unreasonable and unexplained delay in obtaining copies of X-ray report and medical opinion regarding nature of the injuries with the consequence that the accused are arrested and granted bail and thereafter remain on bail for lesser offences for a long time and subsequently when the charges for graver offences are added, plea is taken by the accused regarding the accused having already been granted bail… The courts would not have granted bail and the accused would have remained in custody for longer periods if the facts regarding commission of graver offences by them were brought to the notice of the court at the time of arrest of the accused and filing of bail application by them