IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA th ON THE 19 OF FEBRUARY, 2024 WRIT PETITION No. 2913 of 2024 BETWEEN:-

SHAKUNTLA, W/O JAGNANDAN YADAV, AGED ABOUT 55 YEARS, OCCUPATION: HOUSEWIFE, R/O VILLAGE PADAINIYA, POLICE STATION KOTWALI, DISTRICT SIDHI (MADHYA PRADESH)

.....PETITIONER (BY SHRI L. R. B. SINGH - ADVOCATE)

AND

1. STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH GOVT. OF M.P. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. DR AMIT RICHARIYA SHALBY HOSPITAL JABALPUR PLOT B SCHEME NO 5 AHINSA CHOWK KACHNAR ROAD VIJAYNAGAR JABALPUR 482002 info.jabalpur@shalby.org (MADHYA PRADESH)

3. D R S.K. SEREKAR SHAILBY HOSPITAL PLOT B SCHEME NO 5 AHINSA CHOWK KACHNAR ROAD VIJAYNAGAR JABALPUR 482002 (MADHYA PRADESH) info.jabalpur@shalby.org

4. DR ROOPAM CHOURASIYA SHALBY HOSPITAL JABALPUR PLOT B SCHME NO 5 AHINSA CHOWK KACHNAR ROAD VIJAY NAGAR JABALPUR 482002 (MADHYA PRADESH) info.jabalpur@shalby.org

5. SHALBY MULTI SPECIALITY HOSPITAL THROUGH ITS MANAGING DIRECTOR, PLOT B SCHEME NO 5 AHINSA CHOWK KACHNAR ROAD VIJAYNAGAR JABALPUR 482002 (MADHYA PRADESH)

info.jabalpur@shalby.org

6. SUPERINTENDENT OF POLICE, JABALPUR (MADHYA PRADESH)

7. AJAY S/O VISHRAM MISHRA R/O VILLAGE PADAINIYA P.S. KOTWALI SIDHI 486 661 (MADHYA PRADESH)

8. SUPERINTENDENT OF POLICE SIDHI DISTRICT SIDHI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI DILIP SHRIVASTAVA - GOVERNMENT ADVOCATE)

Reserved on : 13.02.2024 Pronounced on : 19.02.2024 This petition having been heard and reserved for orders, coming on for pronouncement this day, the court passed the following:

ORDER

This writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner to quash the MLC of injured Ajay Mishra filed in Crime No.672/2022 registered in Police Station, Kotwali, district Sidhi, and also for issuing direction to the Superintendent of Police, Jabalpur, to register a crime against respondent nos.2 to 5 and 7 for fabricating a fake MLC of Ajay Mishra.

2. Brief facts of the case are that Crime No.672/2022 was registered against the son of petitioner herein in Police Station, Kotwali, district Sidhi, for the offence of Sections 341, 147, 148, 294, 323, 324, 325, 326 and 506 IPC; the injured in the case was Ajay Mishra. The son of petitioner herein was arrested in the case and his bail applications are being dismissed repeatedly.

3. The grounds raised in this writ petition are that the MLC of Ajay Mishra prepared by Shalby Multi-Speciality Hospital, Jabalpur, is a fabricated and fake document; in this document, the incised wound on forehead was altered to a lacerated wound with compressed fracture; it has also been argued that the earlier MLC reports prepared at Medical Colleges, Rewa and Jabalpur, had shown that there were more injuries mentioned in those MLCs but only two remained in the MLC report of Shalby Multi-Speciality Hospital, Jabalpur; further the MLC report of District Hospital, Sidhi, claims that all the eight injuries were simple in nature and even the MLC reports of Medical Colleges, Rewa and Jabalpur, did not reveal that any of the injuries sustained by injured was grievous. It is, therefore, claimed that the personal liberty of son of petitioner has been deprived on the basis of fake document of MLC which should be quashed and direction for registration of criminal case against the person involved in fabricating that document should be issued.

4. Both the parties have been heard and the record has been perused.

5. Upon perusal of documents filed in the record, it appears that this writ petition is based upon misconceived facts. The learned counsel for petitioner has argued very strongly that there was no reference of grievous injury in the documents prepared at Medical Colleges, Rewa and Jabalpur, but these arguments stand belied on simple perusal of medical papers of these two medical colleges. Annexure P/2 filed by the petitioner is dated 28.8.2022, while the incident occurred on 27.8.2022.