IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25265-2026(O&M) Date of decision : 08.05.2026 Rajinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Deepinder Singh Virk, Advocate for the petitioner.

MANISHA BATRA, J. (Oral)

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of order dated 03.11.2025 passed by the Court of learned Additional Sessions Judge, Patiala in case arising out of FIR No.112 dated 22.12.2023, registered under Sections 341, 323, 506, 148 and 149 IPC (offences under Sections 307 and 325 IPC were added) at Police Station Ghagga, District Patiala, whereby the application moved by the petitioner for constitution of a fresh Board of doctors for obtaining proper opinion regarding the injuries allegedly suffered by the complainant, had been dismissed.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that the petitioner is facing trial in the aforementioned FIR, which was got registered by complainant Prakash Singh with the allegations that on 21.12.2023, when the complainant was going towards his fields on a motorcycle, the petitioner along with co-accused allegedly intercepted him on the way. They were armed with rods/dangs and after stopping the complainant, they started assaulting him indiscriminately. It was further alleged that multiple blows were inflicted on the complainant, including head, wrist, ankle and knee, due to which he sustained several injuries and fell down from the motorcycle. The petitioner and co-accused allegedly threatened the complainant and fled away from the spot thereafter. Subsequently, on the basis of medical opinion regarding the nature of injuries, offences under Sections 307 and 325 IPC were also added.

3. As revealed from the record, during trial, the petitioner filed an application before the learned trial Court seeking issuance of direction to CMO, Patiala for constituting a board of doctors for getting proper opinion about the injuries sustained by the complainant. The learned trial Court, after hearing arguments of both the sides, dismissed the said application, vide impugned order dated 03.11.2025, which reads as follows:

“Arguments on application for directing the CMO Patiala to constitute the Board of Doctors for getting the proper opinion of injuries allegedly sustained by Parkash Singh complainant heard. Record perused. As per the contents of the application, the complainant by using his political influence and in connivance with the police officials, got the offences under Section 307 and 325 of IPC added later on, whereas, there is no injury on the person of the complainant to be covered within the definition of Section 307 and 325 of IPC. The complainant and concerned doctor were hand in glove with each other and the doctor at the instance of the complainant, political pressure, gave a coloured version in the above noted FIR and created a false and fabricated medical record to enhance the gravity of the offences and the MLR in question and other medical record was prepared by the concerned doctor as per the suitability of the complainant. As per the opinion of the doctor, “the injuries were recommended as dangerous to life”, but there was no such injury on the vital part of the body of the complainant Parkash Singh, nor there was any medical history showing any injury to be dangerous to life. So, finally a prayer for allowing the present application was made. Reply to the said application was filed by learned APP for the State, thereby denying all the averments of the application and confirming the medical record being true and correct. Finally, a prayer for dismissal of the present application was made.

I have heard the learned counsel for the applicant as well as learned APP for the State and have also gone through the record carefully and minutely.

Now, admittedly the in