The Allahabad High Court recently imposed costs of Rs. 5,000 on a State doctor for his shabby handwriting in preparing a medico-legal report..The Bench of Ajai Lamba and Sanjay Harkauli imposed costs on Dr. TP Jaiswal, who had written an illegible injury report, in a case where fourteen persons were accused of having injured the complainant..All fourteen accused had approached the Court to quash the FIR registered against them. The injury report appeared to indicate that the complainant had only suffered five injuries, although all fourteen accused was charged in the FIR. To gain clarity, the Bench had called for the injury report..However, on finding that the injury report was difficult to read, Doctor TP Jaiswal, who wrote the report, was directed to appear before the Court. Further, Doctor Jaiswal’s illegible medico-legal report prompted the Court to record its anguish and despair at the fact that,.“… 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.”.This is despite the significance of such reports in the conduct of the investigation and court cases, the Court noted..“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.“.In this regard, reference was also made to a 2012 circular on the preparation of medico-legal reports, in which the Director General, Medical and Health Services, UP Lucknow had directed as follows:.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 mentioned who has prepared the Medico Legal Report..The need for ensuring that medico-legal reports are legible has also been endorsed in a number of cases. Nevertheless, the Court observed that these directions continued to be ignored with impunity..This prompted the Court to impose Rs. 5000 penalty on Doctor Jaiswal, in addition to ordering strict compliance with the 2012-circular. The costs were directed to be cut from Doctor Jaiswal’s salary and deposited in the library fund of the Oudh Bar Association..Accordingly, the Chief Medical Officer has been directed to ensure that all medical and related reports in Lucknow are in clear handwriting and that clear copies of the same are supplied to all concerned..As for the main case, an examination of the typed version of the injury report (signed by Doctor Jaiswal) led the Court to conclude that the contents of the FIR may have been exaggerated. The Bench, therefore, directed a thorough investigation. Further, it warned that the fourteen accused could not be taken into custody unless credible evidence is found against each of them..Read the Order:.Image courtesy: Allahabad High Court website
The Allahabad High Court recently imposed costs of Rs. 5,000 on a State doctor for his shabby handwriting in preparing a medico-legal report..The Bench of Ajai Lamba and Sanjay Harkauli imposed costs on Dr. TP Jaiswal, who had written an illegible injury report, in a case where fourteen persons were accused of having injured the complainant..All fourteen accused had approached the Court to quash the FIR registered against them. The injury report appeared to indicate that the complainant had only suffered five injuries, although all fourteen accused was charged in the FIR. To gain clarity, the Bench had called for the injury report..However, on finding that the injury report was difficult to read, Doctor TP Jaiswal, who wrote the report, was directed to appear before the Court. Further, Doctor Jaiswal’s illegible medico-legal report prompted the Court to record its anguish and despair at the fact that,.“… 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.”.This is despite the significance of such reports in the conduct of the investigation and court cases, the Court noted..“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.“.In this regard, reference was also made to a 2012 circular on the preparation of medico-legal reports, in which the Director General, Medical and Health Services, UP Lucknow had directed as follows:.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 mentioned who has prepared the Medico Legal Report..The need for ensuring that medico-legal reports are legible has also been endorsed in a number of cases. Nevertheless, the Court observed that these directions continued to be ignored with impunity..This prompted the Court to impose Rs. 5000 penalty on Doctor Jaiswal, in addition to ordering strict compliance with the 2012-circular. The costs were directed to be cut from Doctor Jaiswal’s salary and deposited in the library fund of the Oudh Bar Association..Accordingly, the Chief Medical Officer has been directed to ensure that all medical and related reports in Lucknow are in clear handwriting and that clear copies of the same are supplied to all concerned..As for the main case, an examination of the typed version of the injury report (signed by Doctor Jaiswal) led the Court to conclude that the contents of the FIR may have been exaggerated. The Bench, therefore, directed a thorough investigation. Further, it warned that the fourteen accused could not be taken into custody unless credible evidence is found against each of them..Read the Order:.Image courtesy: Allahabad High Court website
