JUDGMENT
Rajesh Bindal, J.
1. The prayer made in this petition filed under Section 482 Cr.PC is for quashing of FIR No. 18 dated 17.8.2005, under Sections 218, 219, 420, 120-A, 120-B IPC, registered at Police Station, State Vigilance Bureau, Rohtak.
2. Briefly, the facts are that the FIR in question was registered on a direction given by Chief Judicial Magistrate, Rohtak on August 5, 2005 in a complaint filed by respondents Nos. 2 and 3 under Section 156(3) Cr.PC. The grouse of the complainants was that medico legal report of Ashok prepared on December 5, 2003 by Dr. Rajinder Rai was a fabricated document which resulted in registration of an FIR against the complainants and accordingly the petitioners were sought to be booked under Sections 218,219, 420, 120-A, 120-B IPC.
3. At the time of initial examination of Ashok Kumar injured on December 5, 2003, the petitioner No. 4 found that there was a fracture of the greater Trochanter of the right femur. Ashok Kumar remained admitted in the hospital up to 20.12.2003. On the basis of this MLR, FIR under Sections 323/325/34 IPC was registered against respondent No. 2 at Police Station, Bond Kalan.
4. On January 6, 2004, respondent No. 2 filed an application before Sub Divisional Magistrate, Charkhi Dadri with the allegations that the said Ashok Kumar had obtained the medico legal report with the connivance of petitioner No. 4 on the basis of which the FIR was registered against respondent No. 2 and accordingly, he prayed for constitution of a medical board for re-examination of Ashok Kumar. The application was referred to Medical Incharge, PGIMS, Rohtak.
5. On receipt of the application, Medical Superintendent, PGIMS, Rohtak constituted a Medical Board of three senior doctors on January 21, 2004 comprising of Dr. (Mrs.) Sarita Magu, Associate Professor, Radiodiagnosis Department, as Chairman, Dr. Luv Sharma, Lecturer, Forensic Medicine Department, and Dr. Roop Singh, Lecturer, Orthopaedics Department, Members. The doctors constituting the Board examined Ashok Kumar on January 21, 2004 and on January 22, 2004 following report was given:
On general physical, local and radiological examination, we are of the opinion that there is a uniting fracture of the greater trochanter of the right femur, which is at the same site as seen in X-ray plate No. 6191 done on 6.12.2003 at G.H. Bhiwani.
6. Thereafter finding that the said Ashok Kumar was found fit by Civil Hospital, Bhiwani for recruitment of constable on July 29, 2004, a complaint was made on January 1, 2005 with the Incharge Police Post of PGIMS, Rohtak against the petitioners and Ashok Kumar on the allegations that the earlier medical reports opining fracture were false and fabricated. The above complaint was sent to Medical Superintendent, PGIMS, Rohtak by the Incharge, Police Post, PGIMS, Rohtak with a request for investigation. On receipt thereof, the Medical Superintendent, PGIMS, Rohtak sought views of Dr. D.R. Yadav, Professor and Head of the Department of Forensic Medicine-cum-Medical Legal Advisor to Government of Haryana. In his report dated 19.4.2005, Dr. Yadav opined that the earlier reports dated December 5, 2003 prepared by petitioner No. 4 and expert opinion of the Board dated January 22, 2004 were consistent with the history of assault on Ashok Kumar notwithstanding his medical fitness on July 29, 2004 by Civil Surgeon, Bhiwani and it cannot be opined that the opinion expressed by the doctors was fabricated.
7. In view of this report, when the police did not register an FIR, respondents No. 2 and 3 being dis-satisfied filed a complaint before Chief Judicial Magistrate, Rohtak under Section 156(3) Cr.PC in which vide order dated August 5, 2005 a direction was given to the Incharge, State Vigilance Bureau, Rohtak for registration of FIR and investigation thereof. It is the quashing of this FIR which has been sought in the present petition.
8. Learned Counsel for the petitioners submits that the petitioners are merely being harassed by respondents Nos. 2 and 3 otherwise consistently it was found by different doctors that the initial medical report prepared by petitioner No. 4 was correct and there was no manipulation in mentioning the injuries therein. Once the matter has already been deeply investigated by the experts in the field, the continuance of the agony of the petitioners is nothing else but an abuse of process of law as whatever the petitioners have done was merely in discharge of their official duties with no ill-will or motive.
9. In reply to the petition, the State does not dispute the facts as are stated by the petitioners in the petition regarding the examination of Ashok Kumar at the first instance by petitioner No. 4 and thereafter by the Medical Board and the opinion thereof. In addition to that, it was submitted that during the course of investigation another X-ray was got done on May 7, 2007 at PGIMS, Rohtak which showed a completely healed united fracture of base of greater Trochanter of right side which corroborated the earlier history of the case as also various medical examinations and the x-ray reports, where the same injury at various stages was found.
10. After hearing learned Counsel for the parties and keeping in view the above factual matrix of the case where the allegations by the respondents Nos. 2 and 3 regarding fabrication of medical report of Ashok Kumar and on his various complainants at various stages, Ashok Kumar had already been medically examined by different doctors-Board of doctors, who all concurred with the initial medical report given by petitioner No. 4 and found from various x-rays done on different dates, that the same injury was found at different stages of healing. Once the allegations made by respondents Nos. 2 and 3 have already been examined in detail by the experts in the field and all of them opined that the initial medical report of Ashok Kumar was not a fabricated document, in my opinion, continuance of the FIR against the petitioners is nothing else but an abuse of the process of law, as no offence as alleged under Sections 218, 219, 420, 120-A, 120-B IPC is made out. Accordingly, the FIR No. 18 dated 17.8.2005, under Sections 218, 219, 420, 120-A, 120-B IPC, registered at Police Station, State Vigilance Bureau, Rohtak against the petitioners and all further proceedings are directed to be quashed.
11. The petition is disposed of.