2. We have heard learned counsel for the petitioners and learned counsel for the State Ms. Farhat Jamal Siddiqui.

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1 Court No. - 9 Case :- MISC. BENCH No of 2018 Petitioner :- Anjum & Others Respondent :- State Of U.P. Thru. Prin. Secy. Home. Deptt. & Others Counsel for Petitioner :- Shiv Pal Singh Counsel for Respondent :- Govt. Advocate,Mohan Singh,Rajiva Dubey Hon'ble Ajai Lamba,J. Hon'ble Sanjay Harkauli,J. 1. This petition seeks issuance of a writ in the nature of Certiorari quashing F.I.R. No.0214 of 2018, under Sections 147, 148, 149, 394, 323, 452, 504, 506 and 427 I.P.C., Police Station Dhanepur, District Gonda. 2. We have heard learned counsel for the petitioners and learned counsel for the State Ms. Farhat Jamal Siddiqui. We have also heard learned counsel for caveator Mr. Rajiva Dubey, Advocate. We have gone through the contents of the impugned First Information Report. 3. Apparently, there is an allegation of fourteen persons causing injuries on the side of the complainant after breaking into their house. Considering the number of persons accused of causing injuries and the evident fact that only one person received injuries, the Court wanted to refer to the injury report. Injury report had been produced by learned counsel for the caveator in Court in which handwriting was not readable at all. Under the circumstances, order dated had to be passed, which is in the following terms : "1. This petition seeks issuance of a writ in the nature of Certiorari quashing F.I.R. No.214 of 2018, under Sections 147, 148, 149, 394, 323, 452, 504, 506 and 427 I.P.C., Police Station Dhanepur, District Gonda. 2. We have heard learned counsel for the petitioners and Ms. Farhat Jamal Siddiqui, learned counsel for the respondent State. Shri Rajiva Dubey, Advocate has appeared on behalf of respondent no.4. Power of Attorney filed by him today in court, is taken on record. Let name of Shri Rajiva Dubey, Advocate be printed in the cause list as counsel

2 for the respondent. 3. Shri Rajiva Dubey has pointed out that medico legal examination of Siraj Khan was conducted on As many as five injuries have been found. Other than that, there are two injuries indicating complain of pain. 4. We find that the hand-writing of the doctor on the medical report is not readable, at all. 5. We hereby direct the State Counsel to ensure that the doctor who authored medical report dated is produced before this court on the next date so that we can decipher the nature and seat of injuries. 6. The doctor concerned is required to get the medical report typed in duplicate for the benefit of the court. 7. List on Petitioners be not taken in custody unless specific credible evidence against the individual accused is found." 4. Dr. T.P. Jaiswal appears to be the author of the injury report. Under direction of the Court, the typed copy of the injury report, signed by Dr. Jaiswal has been submitted, which is taken on record. The injuries indicate a scabbed abrasion, contusion and swellings. Five injuries appear to be apparent. Two of the injuries were complain of pain. The injuries have been opined to be simple caused with hard and blunt object. There is no evidence of fracture of any bone. Copy of the medical report prepared by Dr. T.P. Jaiswal is also being kept on record for future reference. 5. Considering the totality of facts and circumstances of the case, in particular the fact that fourteen persons have been accused of causing injuries, only one person has received injuries; the injuries themselves appear to be not of serious consequence, it appears that the impugned First Information Report contains an exaggerated version. However, some incident took place which requires thorough investigation. In the circumstances, we deem it just and proper to dispose of this petition with a direction that the petitioners be not taken in custody unless credible evidence is found against each of the

3 accused. Role played by each of the accused be separately investigated. 6. Ordered accordingly. 7. Before parting with the order, we record our anguish and despair that despite repeated detailed orders and directions to Principal Secretary, Home; and Principal Secretary, Medical & Health, the doctors continue to inscribe the medical reports; post mortem examination report etc in such a bad handwriting that can possibly be read only by them. Such medical reports are prepared under the process and procedures provided under the Code of Criminal Procedure and the Indian Evidence Act. These reports are for aid and assistance of the complainant, informant, the prosecutor, the defence and the Court. None of these relevant authorities/persons, however, can decipher these reports. 8. In context of the issue raised by virtue of unreadable medical reports, as in this case, we would like to refer to order dated , passed in Crl. Misc. Case No.6750(B) of 2012 Chhabiraj versus State of U.P. The relevant portion reads as under : " 3. Photo copy of the medical report has been authored in C.H.C., Pratappur, Kamaicha, Chanda, District Sultanpur. Because photo copy is not readable, obviously, the typed copy would not depict the correct picture. 4. 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. 5. 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

4 family/friends. 6. 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. 7. Let Director General of Medical & Health, U.P. remain present in Court on alongwith author of the medical report as inscribed in Case Crime No.286 of 2012, under Section 307, Police Station Chanda, District Sultanpur. 8. Let a copy of this order be conveyed to the concerned authority through Shri Anurag Varma, Additional Government Advocate." 3. An affidavit has been filed by Dr. T.P.Singh, Joint Director, Medical Care alongwtih a circular issued to various subordinate authorities dated The Circular is extracted here below :- "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/ 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

5 mentioned who has prepared the Medico Legal Report. Enclosure: As above Signature not readable (Rama Singh) Director General" 4. I have considered the Circular issued by the authority above mentioned. 5. The Medico Legal Reports, Post Mortem Reports, and reports received from Forensic Science Laboratory from various departments, are required to be gone through and considered by various authorities involved in administration of criminal justice system. The author of the report, if required, only comes as a witness to the Court. Preceding the date of recording evidence, there are number of stages through which the case passes and such reports are relevant at every stage. Under the circumstances the reports are required to be furnished with complete clarity, and preferably computer printer generated or type written. It is required that the investigating officers while filing chargesheets, may also file alongwith handwritten Medico Legal Reports/Injury reports and Post Mortem Reports, their verbatim typed or computerized version, duly certified by the authors of those documents or the head of the concerned hospital. These typed versions of Medico Legal Reports/Injury Reports and Post Mortem Reports would neither be a substitute of the original one nor would be taken as a supplement, however, they would facilitate not only the courts but also the counsel for the prosecution and the defence to clearly understand their contents and accordingly assist the court. 6. The respondent State may consider making efforts to provide the required infrastructure at every place where such reports are prepared. It would be desirable if the said infrastructure is provided within stipulated time, in view of its relevance and importance. 7. In the meantime, the Circular issued vide order dated as extracted above, be strictly followed." (Emphasised by us) 9. From the above extracted order, relevance of clearly inscribed medical report for various purposes has been highlighted. Directions have been issued by this Court which have been clearly endorsed by Director General, Medical & Health Services, U.P. Lucknow vide circular dated , as extracted in above extracted order. It is apparent that the direction issued by seniormost officer in the hierarchy in the Department of Medical & Health is being ignored with impunity. This is not the only case which has come up before us in which we had to summon the Doctor himself for reading out to decipher the medical report before us to enable us to adjudicate the issues. 10. Considering the infraction of the direction by Dr. T.P.

6 Jaiswal, we hereby direct Dr. T.P. Jaiswal to pay costs in the sum of Rs.5000/- which shall be deducted from his salary and deposited in the library fund of Oudh Bar Association within thirty days from today. 11. Let a copy of this order be sent to Chief Medical Officer, Gonda who shall ensure compliance of the order. Chief Medical Officer shall further ensure that in the entire district, all the medical and related reports are inscribed in the clear handwriting and clear copies thereof be supplied to all concerned. 12. Let a copy of this order be forwarded to Principal Secretary, Home and Director General, Medical & Health Services, U.P. Lucknow. The said senior authorities are again requested to issue strict instructions to all concerned that the above extracted circular, and order of the Court are complied with in letter and spirit so as to avoid delay in administration of justice. Order Date : kkb/