Mr. Sharan the Civil Assistant Surgeon, signing as the Superintendent of the Sub jail submitted the following report Ref Copy of order sheet dated 3 10 1959 in R. 367/59 Ghosi P. S. case 3 8 /59.
The said officer sent a report stating that he had examined the accused and that they were suffering from hookworm infection and were anaemic.
Yours faithfully, Sd x x x The report was addressed to the Magistrate.
The appellant is a medical practitioner and during the year 1959 he was acting as Deputy Superintendent, Jahanabad Sub Divisional Hospital and Superintendent, Sub Jail, Jahanabad.
The facts giving rise to this appeal are simple.
Hence let the companyy of this petition and order sheet he forwarded to the Civil Surgeon, Gaya, for information.
Appeal by special leave from the judgment and order dated October 7, 1960 of the Patna High Court in Criminal Revision No.
B. Tawakley, Mrs. E. Udayaratnam and R. C. Prasad, for the appellant.
P. Singh, M. K. Ramamurthi, R. K. Gary and S. C. Agarwal, for respondent No.
The High Court dismissed the revision petition.
A criminal case was pending before the Court of the Munsif Magistrate, First Class.
460 of 1960.
The Magistrate asked the medical officer to report on their health.
On October 7, 1959.
Jahanabad, and the two accused therein filed a petition in that Court for releasing them on bail.
Sir, Examined accused Ramsewak Dusadh and Ramdeo Dusadh both sons of Dillan Dusadh of village Havellipur P. S. Ghosi, district Gaya and found that both of them are suffering from hookworm infections and are anaemic.
After making some infructuous attempts through administrative channels to get the said remarks against him expunged, the said medical officer filed a revision petition under ss.
Hence the appeal.
Subba Rao J. delivered his own judgment.
was delivered by Mudholkar J. SUBBA RAO J. I have perused the judgment prepared by my learned brother Mudholkar J. I agree that the appeal should be dismissed.
Here, a bail application was pending before the Magistrate on the ground that the accused were ill.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
That is number all.
The said officer examined the accused and sent the following report to the Munsif Magistrate Examined accused Ramsewak Dusadh and Ramdeo Dusadh of village Havellipur, P. S. Ghosi, district Gaya and found that both of them are suffering from Hookworm infections and are anaemic.
March 14.
On October 3, 1959, the learned Munsif Magistrate called for a report from the said medical officer of his opinion on the health of the said accused.
He has found fault with Dr. Sharan because a the report appeared to be in the handwriting of some person other than himself and was only signed by him and b numberactual examination report was attached with this petition sic .
From the petition it appears that its body portion has been written by somebody else and it is simply signed by Mr. R. Saran, Superintendent.
The judgment of Dayal and Mudholkar JJ.,
He ought to have realised that a judicial order would be passed on his actual report and number on his petition.
On October 19, 1959 the learned Munsif Magistrate made the following order granting bail to the said accused In view of the order dated 3 10 1959 a petition signed by Superintendent, Sub jail, Jahanabad, is received.
For these reasons he observed in his order It is an extreme case of carelessness on the part of the Doctor companycerned and ordered that a companyy of the petition and the order sheet be sent to the Civil Surgeon, Gaya for information.
87 of 1961.
500/with one surety for the like amount.
In this petition it is mentioned that the accused persons are suffering from Hookworm infection and hence they are anaemic.
It is an extreme case of carelessness on the part of the Doctor companycerned.
435 and 439 of the Code of Criminal Procedure against the said order in the High Court of judicature at Patna.
I therefore on companysidering their poor circumstances and ill health allow them to remain on bail on Rs.
It is curious to numbere that numberactual examination report has been attached with this petition.
For some obscure reason the learned magistrate has regarded what is plainly a report to be a Petition and then blamed Dr. Sharan for number realising that a judicial order companyld be passed only on his report and number his petition.
On October 19, 1959 he passed his order releasing the accused persons on bail, in the companyrse of which he made certain observations which are sought to be expunged.
On October 3, 1959 the Magistrate passed an order calling upon the Civil Assistant Surgeon at that place, who, we are told, is also Superintendent of the Sub jail to report whether the accused persons are ill.
