Vishal S/O Shivaji Khedekar And ANR v. The State Of Maharashtra.

800.2016criapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 800 OF 2016 Vishal s/o Shivaji Khedekar, Age: 21 years, Occ: Labour, R/o. Saraswati, Tq. Lonar, Dist. Buldhana & anr.

...Applicants versus The State of Maharashtra Through Waluj M.I.D.C. Police Station, Tq. Gangapur, Dist. Aurangabad.

...Respondent

.....

Mr. P. P. More, Advocate for applicants Mr M. M. Nerlikar, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 24th FEBRUARY, 2016 ORAL ORDER 1.

Time and again, it is noticed by this Court that in spite of communication issued by the Investigating Officers requesting issuance of copy of injury certificates/post mortem reports, the said requests are not attended by the respective Medical Officers, which is causing serious impediment and delay in deciding the various bail applications, which are pending before this Court. 2.

In this background, it will be appropriate, in my opinion to direct the Deans of all the Medical Colleges/hospitals, the Deputy Director of Health services, within the jurisdiction of this Court, in case any request from the Investigating Officer is received demanding copy of

800.2016criapln -2post mortem report or injury certificate, the same be attended forthwith by processing such requests of issuance of injury certificates/post mortem reports, in any case within outer limit of period of 48 hours from the date of receipt of such request from Investigation Officer.

3.

Failure to comply with the above directions within stipulated time, as observed, will constrain this Court to initiate contempt proceedings against the concerned Medical Officer or authority, for causing impediment in the process of justice delivery system. 4.

Learned Public Prosecutor undertakes to communicate this order to the Deputy Director of Health Services located within the jurisdiction of this Court and also to the Deans of respective Medical Colleges/Hospitals.

5.

The Deputy Director of Health Services and Dean of respective Medical Colleges shall forthwith appoint a nodal Officer in their respective department for the purpose of supervising the above referred issue of issuance of injury certificates/post mortem reports, within time.

[ N.W. SAMBRE, J. ] vvr