' SAIF-UR-REHMAN, J.--- On MLC No,691 in case F.I.R No,25 dated 17-1-2008 under sections 337-A(ii), 34, P.P.C. Police Station Kot Chhutha District Dera Ghazi Khan after X-ray, Medical Officer recorded the following opinion:-- "Keeping in view the report of Radiologist the injury is declared as Hashima"
' An application was moved before the learned Area Magistrate for having opinion regarding the said injury which was forwarded to the Medical Officer for necessary action. On receipt of the said order, the Medical Officer recorded the following opinion:-- "Most respectfully, it is stated that generally speaking in case of fracture of the finger the possibility of fabrication cannot be ruled out, however each case may be decided on, its own merits keeping in view the circumstantial evidences etc. Also."
' The first mentioned report is dated 27-2-2008 and the second dated 28-2-2008 by the same Medical Officer.
2. Through this Constitutional petition, the petitioner has challenged the second report of the Medical Officer.
3. Procedure for revamping of Medico Legal Work is mentioned in Notification No,SO(H&D)5-5- 12002 dated 5-2-2003 issued by Government of the Punjab providing, "Three Tier Structure for the conduction of medico-legal work". After recording of first report by the Medical Officer, the case is covered by second tier according to which the medical re-examination was to be conducted by District Standing Medical Board consisting of Medical Superintendent, D.H.Q. Hospital, District Officer (Health), and Surgeon if the first medical examination report was a challenged.
4. There is nothing on the record to show that the first report was ever challenged by any one. The second report which has been assailed through this B petition, therefore, is found be coram non judice qua the Medical Officer which is hereby declared as illegal and is quashed. The petition is disposed of accordingly.