IN THE COURT OF JUDICIAL MAGISTRATE MODEL TOWN, LAHORE
Saleem Akbar Nawaz, son of Malik Nawaz Nabeel Rana, residing at House No. 123, St No. 57, Model Market, Lahore
Applicant
Versus
The State
Respondent
APPLICATION FOR CONSTITUTION OF DISTRICT STANDING MEDICAL BOARD FOR REEXAMINATION OF INJURY NO. 2 (MLC NO. 2446/2012) IN CASE FIR NO. 406 DATED 15-04-2021 OFFENCE UNDER SECTIONS 337G, 279, 354, 452, 147, 427, 149 PPC MODEL TOWN, LAHORE
Respectfully Sheweth:
That on 13-05-2020 at approximately 4:45 PM, the complainant’s brother, namely Usman Malik Jutt, forcefully struck the main gate of the applicant’s residence. The applicant and his brother, Rehan Malik Jutt, opened the gate. Usman Ahktar Jutt began verbally abusing and quarreling with the applicant and his brother, alleging that the leg of his 2-year-old son had been broken due to the applicant's vehicle (Carry Dabba) bearing No. RIS-11000 parked near his house. The applicant and his brother inspected the vehicle and found the windscreen damaged.
That the applicant and his brother requested Usman Malik Jutt and his family members to produce the alleged injured child, but they refused and engaged in a quarrel. The applicant reported the matter to the 15 Police through his mobile number 0xxx-rrrrrrr. Three policemen arrived at the scene but took no legal action and directed the applicant to file an application at the concerned police post. It is noteworthy that before the arrival of the 15 Police Officials, another individual in Muhafiz Police uniform (a relative of Usman Malik Jutt) brandished a pistol at the applicant and his brothers, threatening them with harm.
That on the same day, the applicant promptly filed written applications dated 13-05-2022 at the concerned police post and Police Station. However, no legal proceedings were initiated based on these applications.
That two days after the incident mentioned above, Usman Malik Jutt, in collusion with his relative, a Muhafiz Police Official, and with the support of local police, lodged a false and baseless FIR against the applicant, his brother, and others.
That the said FIR, among other false allegations, asserts that the applicant, while driving his Suzuki Carry Dabba, ran over the leg of the injured child, Maqsood Rana, aged about 2 years.
That, in reality, neither the applicant was driving the vehicle nor did the vehicle run over the leg of the alleged injured child.
That in the MLC report, the doctor opined: "Incomplete Fracture is seen in (R) Fibula." This opinion contradicts the complainant's version in the FIR because a heavy Nissan truck, weighing 1550 K.G., running over a 2-year-old child's leg would likely cause more than an "Incomplete Fracture" in the right Fibula.
Furthermore, the Fibula is a comparitively weak bone, and according to medical science, a fibula fracture can occur even due to a rolled ankle or an awkward landing.
That the injured child may have fallen or collided with the applicant's parked vehicle.
That, according to Injury No. 2 in the MLC, the doctor observed: "Tenderness and Swelling in the lower right leg." Notably, the doctor did not observe any abrasions on any part of the right leg of the alleged injured, raising doubts about the accuracy of the complainant's version in the FIR. If a vehicle's tire ran over any part of the human body, it would typically cause abrasions, which were not observed in this case.
That the motivation behind damaging the vehicle is likely due to the applicant parking his vehicle near the complainant's house, causing disturbance.
That the motive behind registering the FIR is an attempt by the involved parties to divert attention from the application dated 13-05-2020 filed by the applicant.
Under the above circumstances, it is therefore respectfully prayed that an order for the constitution of a District Standing Medical Board may kindly be issued for the reexamination of Injury No. 2 as per MLC No. 2266/2020 to establish a clearer picture and to meet the ends of justice.
Any other relief which this Honourable Court may deem fit and proper may also be awarded to the applicant.
Applicant
Through
Counsel
Ikyan Shah
Advocate High Court
0302-6111222