Writ petition for quashing FIR dismissed by Bombay High Court as FIR prima facie disclosed cognizable offence; medical certificate deemed to require further X-ray analysis, affecting discharge of heavy burden on petitioner.
Writ petition seeking quashing of FIR dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 26 OF 2008
Mohammad M. Cadri.... .. ... Petitioner. Versus The State of Maharashtra..... .... Respondents.
Mr. K. K. Giri for the Petitioner.
Mrs. V. R. Bhosale, APP for the Respondent.
CORAM : BILAL NAZKI and S. A. BOBDE, JJ.
DATED : 11TH JANUARY, 2008.
P.C.:
Heard learned Counsel for the petitioner.
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medical certificate issued by the Doctor of the alleged injury to the first informant does not show that he had any injury. We have gone through the medical certificate also. That certificate shows that the Doctor has recorded alleged history of assault by an unknown person and it also shows “history of hit by hockey”. The Doctor has given his opinion, but he has advised X-ray of right knee and skull. Therefore, this Doctor' s certificate cannot be taken as final opinion which might be coming after the X-ray is taken.
Sd/-
(BILAL NAZKI, J.)
Sd/-
Mohammad M. Cadri
The State of Maharashtra
Bilal Nazki
S. A. Bobde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
