A perusal of the proceedings reveals that the petitioner earlier on had challenged the very same FIR by filing SB Criminal Misc. Petition No.264/2010 and in the said petition, this Court has already dismissed the challenge of the petitioner to the FIR. Thus, in the opinion of this Court, now a second round of challenge to the FIR is impermissible. However, looking to the contention of learned senior counsel that the petitioner is an impotent person, it is hereby directed that the petitioner should surrender himself before the trial court and on his so surrendering, the medical examination of the petitioner shall be conducted by a medical board, particularly for the examination of potency of the petitioner, and thereafter, the petitioner shall be entitled to raise all his objections against his proposed prosecution at the stage of consideration of the charges and in the event of medical board's report being favourable to the petitioner, the trial court shall be under an obligation to consider the same as per law and in reference to the period during which the offence was committed.
