DOST MUHAMMAD vs Malik SHAH MUHAMMAD art — 2023 PCrLJ 326 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 326 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: DOST MUHAMMAD vs Malik SHAH MUHAMMAD art
Subject matter: Criminal
Provisions referred to: S. 22-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DOST MUHAMMAD VS Malik SHAH MUHAMMAD art. 150---Question by party to his own witness---Scope---Complainant was aggrieved of the dismissal of his application for declaring the Medico Legal Officer as hostile---Complainant, prior to the lodging of FIR, had moved an application under S. 22-a, Cr.P.C. with the averment that the accused persons had attacked upon him with sticks as a result whereof he had sustained injuries---SHO (Police) concerned had referred the complainant for treatment, where the witness had issued Medico Legal Certificate (MLC)---application was accepted and the FIR was lodged---Medico Legal Officer on his appearance before the Trial Court had denied the issuance of MLC (Medico Legal Certificate)---Nothing was available on record to show that the witness had ever issued any MLC in respect of the injuries allegedly caused to the complainant---Witness from the day one was negating the issuance of any MLC in favour of the complainant---MLC was never challenged by the complainant before any forum---No improvement, deviation, accumulation or suppression of material facts in the statement of Medico Legal Officer, adverse to the interest of complainant or inconsistent with his previous statement was found--- Constitutional petition was dismissed.

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