Hon'ble Sanjay Harkauli,J.
1. Before we deal with the case at hand we would like to bring up an issue that has been obstructing the administration of justice. The court process is repeatedly delayed.
The doctors have been scribing medico legal report, injury report, bed head tickets, prescriptions and post-mortem examination reports in such handwriting that it cannot be read by the prosecutor, the defence lawyer or the Court. We are faced with a situation in which when the medico legal report was summoned, counsel for none of the parties or the Court could read the report on account of the way it was written. It transpires that Dr. Ashish Saxena had scribed it. Dr. Ashish Saxena had to be summoned to the court with typed copy of the medico legal report/injury report.
2. To bring the matter in context we hereby extract order dated 18.9.2018:-
"1. Order dated 29.08.2018 reads as under:
"1. Short affidavit has been filed in deference to order dated 3.8.2018, which is taken on record. Injury report has been appended.
Although, the xerox copy of the medical report is clear, however, handwriting of the doctor is such that it is not readable.
We hereby direct the author of the medical report to remain present in Court along with typed copy of the injury report.
2. List on 12.9.2018.
Mr. S.P. Singh, learned counsel for the State shall ensure compliance."
2. In deference to the order, Dr. Ashish Saxena, Emergency Medical Officer, District Hospital (male), Unnao is present in Court and has furnished purportedly an injury report of the injured. Other than reflecting six contusions and opinion, the report does not reflect name of the injured, father's name of the injured, age of the injured, date and time of examination of the injured and the place where the injured was examined.
We hereby bring on record that Dr. Ashish Saxena is not capable of doing his job properly. Substantial time of the Court has been wasted initially by not writing the medical report in clear hand and subsequently not supplying the complete medical report to the Court.
3. We are constrained on again summoning Dr. Ashish Saxena to Court with complete medical record duly typed and countersigned by him in evidence of its correctness.
4. List on 25th of September, 2018 as fresh. Dr. Ashish Saxena shall remain present in Court.
5. Let a copy of this order be forwarded to Chief Medical Officer, Unnao and Principal Secretary, Medical & Health Services, U.P., Lucknow."
3. Affidavit has been filed by Dr. Ashish Saxena who is posted as Emergency Medical Officer District Hospital Unnao. The injury report has been appended as Annexure-1 in typed format. The following injuries have been mentioned in the injury report:-
"1. Contusion 6cm x 3 cm on left eye
2. Contusion 5 cm x 3 cm on the right side of skull 10 cm from right scapula K,U,O, Adv. X-ray
3. Contusion 5 cm x 3 cm on right side of neck 10 cm from right ear.
4. Contusion 4 cm x3 cm on left ear.
5. Contusion 2 cm x 1 cm on left knee joint.
6. Contusion 6 cm x 3cm on left side of skull 7 cm from left ear Adv. X-ray."
4. If reference is made to the manner in which Dr. Ashish Saxena has explained the seat of injuries, above extracted, it would be evident that intentionally or otherwise the location of the injuries have been projected in deceptive manner.
Injury no.2 is a contusion stated to be on the right side of the skull, however, it has been shown as "10cm from right scapula." Injury on the skull can very well be explained in context of the bones in the skull viz. Frontal, Right Parietal, Right Temporal or Occipital region. Surely an injury seen on the skull would have no relation with its distance from the scapula.
Likewise injury no.3 has been shown as a contusion on the right side of neck 10 cm from the right ear. The location of the injury cannot be clearly made out.
The Doctor has been questioned in Court as to under what circumstances location of the injury on the skull has been shown in context of distance from scapula. No explanation has been given.
5. We find the knowledge of the Doctor to be deficient. Doctor Ashish Saxena does not appear to be capable of dealing with medico legal cases. By depiction of such injuries, as has been done in this case, neither the prosecution would be enlightened nor the defence, or even the court. The very purpose of having medico legal examination report is defeated. Such misleading and confusing injury report would help the accused to take benefit of lacuna in the prosecution case.
6. This court is pained at recording in every case that the medical report is summoned for reference for effective adjudication, the handwriting of the Doctor in the report is not readable.
7. This issue arose even earlier while dealing with the Criminal Misc. Case No.6750(B) of 2012, Chhabiraj vs. State of U.P. and others.
8. This Court while highlighting the relevance of medico legal reports passed an order and even asked Director General, Medical and Health, U.P. Lucknow to remain present in Court. Considering various aspects of the case Director General, Medical and Health Services Uttar Pradesh, Lucknow issued the following Circular on 8.11.2012:-
"From, Director General, Medical & Health Services, Uttar Pradesh, Lucknow.
To, 1- All Divisional Additional Directors, Medical Health and Family Welfare, Uttar Pradesh.
2- All Chief Medical Officer, Uttar Pradesh.
3- All Principal/Chief Medical Superintendent/Superintendent, District Men/Women/ Combined Hospitals, Uttar Pradesh.
Letter No: 11F/5470-72 Lucknow, Dated 8 Nov, 2012 Sub:- C.M.C. No.6750 (B) of 2012 Chhabiraj Vs. State of U.P.
In re:
Case Crime No.286/2012 under Section 307 I.P.C., police station Chanda, District Sultanpur.
Sir, Ensure strict compliance of the directions given by the Hon'ble High Court, Lucknow Bench, Lucknow, in respect of the preparation of Medico Legal Report by the Doctors in the above noted case.
1- Medico Legal Report shall be written in clear writing which is legible.
2- Simple words shall be used in the Medico Legal Report as possible.
3- Short/Short form/Abbreviation words shall not be used in the Medico Legal Report.
4- Signatures, Name and Designation of the Doctor shall clearly be mentioned who has prepared the Medico Legal Report."
9. It appears that although the senior most officer in Department of Medical and Health Services Uttar Pradesh, Lucknow issued above extracted Circular yet the same is being violated on everyday basis.
10. We are not summoning the Senior Officers in the hierarchy in the State and in the department, being sensitive to the fact that they are public servants and their services are required elsewhere, however, we are constrained on directing Principal Secretary Home, Principal Secretary Medical and Health, Director General of Medical and Health to take cognizane of this order and ensure its compliance.
11. By virtue of this order we again reiterate that the relevance of medico legal report in cases of hurt, homicide or suicide is enormous. In a case of incised wound, the injury depicted in the medico legal report/post mortem report can clarify whether the knife was sharp on one side or both sides ; the size of the blade ; the force with which the knife has been thrust in the body and the direction from which the knife has been thrust. Likewise, in blunt injuries, explanation of the injury in the medico legal report speaks volumes about the manner in which the injury might have been caused. It assists the Court in formulating an opinion in regard to the manner in which an incident might have taken place and what penal provision to invoke.
12. The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. There is always an apprehension in the mind of the Court that the ocular version might be false so as to falsely implicate the accused or make the offence more serious by way of exaggerating the role of the accused. The number of accused is also increased so as to implicate the entire family/friends.
13. The medico legal report, if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. This is only possible if a detailed and clear medico legal report is furnished by the doctors, with complete responsibility. The medical reports, however, are written in such shabby handwriting that they are not readable and decipherable by advocates or Judges. It is to be considered that the Medico Legal reports and Post Mortem Reports are prepared to assist the persons involved in dispensation of criminal justice. If such a report is readable by medical practitioners only, it shall not serve the purpose for which it is made. This is despite the fact that computers are available in all medical facilities. In some of the States, practice is being followed where medico legal reports and post mortem reports are made on computers/printers.
14. We cannot ignore the conduct of Dr. Ashish Saxena who has clearly committed infraction of circular dated 8.11.2012 issued by Director General Medical and Health Services and also orders of the Court. Substantial time of the Court has been wasted because the medical report made by the doctor is not in readable hand but is also deceptive in content.
15. As noticed above in detail the injury report authored by the Doctor is confusing, misleading and surely improper.
In such circumstances, we impose costs in the sum of Rs.5,000/- to be deduced from the salary of Dr. Ashish Saxena. The cost amount be deposited in Library Fund of Oudh Bar Association of this Court.
16. So far as the case in hand is concerned the petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No.945 of 2018 under Sections 395, 397 Indian Penal Code, Police Station Kotwali, District Unnao.
17. We have heard learned counsel for the parties, have referred to the pleadings and the injury/medico legal report brought in typed format by Dr. Ashish Saxena, who is present in Court.
18. Learned counsel for the State Shri S.P.Singh on the basis of instruction has given a statement that in the course of investigation no incriminating evidence has been found so as to suggest commission of offence under Sections 395, 397 Indian Penal Code. The said two penal provisions have been dropped from the list of offences. Investigation is going on in context of offences under Sections 147, 148, 149, 323, 504, 506, 427 Indian Penal Code.
19. Considering the subsequent development learned counsel for the petitioners states that let this petition be disposed of.
20. With the above observations/directions, the petition is disposed of.
21. Let a copy of this order be sent to Principal Secretary, Home, U.P., Principal Secretary Medical and Health Services U.P. Lucknow and Director General Medical and Health Services U.P. Lucknow by Shri S. P. Singh, learned counsel for the State and Senior Registrar of this Court, to ensure compliance.
Order Date :- 25.9.2018 Madhu