' SHAHNAWAZ TARIQ, J.,--Petitioner Syed Ghulam Shah through instant petition has invoked the Constitutional jurisdiction of this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, and prayed to direct respondent No,2, Director General Health, Supra Luma, Hyderabad, to constitute Super Medical Board at Hyderabad or Karachi in order to ascertain the truthfulness of Medico-Legal certificate issued by MLO and opinion of Special Medical Board, Larkana.
2. The relevant facts spelt out from instant petition are that petitioner's son lodged FIR No,180 of 2009 at Police Station Pano Akil, under Sections 324, 337A(i), 337F(i), 504, 114, 148, 149, P.P.C. And 13(d)
Arms Ordinance. Petitioner sustained injuries and was examined by MLO who issued medical certificate. Subsequently, petitioner was examined by Special Medical Board and issued its opinion, against which he moved application to respondent No,2 for constitution of Super Medical Board but said application was declined, hence instant petition.
3. Learned Counsel for petitioner contended that as respondent No,2 has not considered application moved by the petitioner for constitution of Super Medical Board and vide letter dated 19.03.2015, directed him to approach the concerned trial Court for the subject purpose; that petitioner is seriously aggrieved with the attitude of respondent No,2, hence necessary directions may be issued to him; that Petitioner entered into compromise with accused persons who were challaned before the trial Court, however, his dispute with the absconding accused is still unsettled as such constitution of Super Medical Board is necessary.
4. Learned APG vehemently contended that petitioner was reexamined by Medical Board constituted by respondent No,2 on application moved by respondent as such instant second application has no justification which was rightly declined by respondent No,2 and the lethargic attitude of the petitioner proves that he has approached this Court with mala fide intention and also failed to approach learned trial Court as directed by respondent No,2 in view of the referred letter.
5. Perusal of material available on record and consideration of the arguments advanced by learned Counsel for the parties emanate that son of petitioner lodged FIR on 04.08.2009, at 0100 hours, regarding commission of alleged offence which occurred on 03.08.2009, at 0730 hours.
During investigations, petitioner was examined by medical officer Dr. Nazir Hussain Shah of Taluka Hospital Pano Akil, who issued medical certificate that injuries Nos.1 and 2 were caused by fire arm, while injuries Nos.3, 4, 5 and 6 were caused due to hard and blunt substance and declared injuries Nos.1 and 2 as Jurh Ghyr Jaifah Motalahimah. Respondent challenged the opinion of MLO and moved application to respondent No,2, Director General Health Sindh, Hyderabad, and a Special Medical Board was constituted. Petitioner appeared before the Medical Board and after his examination, Board issued report dated 23.01.2013 and maintained the opinion of Medico-Legal Officer, Dr. Nazir Hussain and also opined for the injury No,1 that possibility of manipulated injury cannot be ruled out. Petitioner again moved application to Secretary Health, Supra Luma, Karachi for constitution of a Super Medical Board, however, his application was declined vide letter dated 1,9.03.2013 and petitioner was advised to approach the concerned trial Court for subject purpose.
6. It is significant to mention that petitioner presented instant petition in office on 24.06.2013 and thereafter neither petitioner nor his counsel come forward to pursue instant petition and same remained pending in office and after lapse of more than 02 years this matter as an indulgence was fixed before this Court on 1.5.09.2015, but petitioner and his counsel remained absent without any intimation and again this matter was adjourned as a last chance and petitioner was put on notice to satisfy this Court on the point of maintainability of instant petition. Indeed, petitioner compromised his dispute with arrested accused persons but his grievance against absconding accused is still unresolved, thus he emphasized for constitution of Super Medical Board, while respondent No,2 had already constituted Special Medical Board, therefore, again issuance of direction to respondent No,2 to re-constitute a Super Medical Board will not serve any useful purpose, as opinions of MLO and Special Medical Board already available on record are controverting to the ocular account of prosecution. Moreover, petitioner has not approached trial Court for issuance of any directions to achieve the subject task instantly after issuance of letter by the Health Department Government of Sindh on 19.03.2013, and after three months whereof he filed instant petition and his such lethargic demeanor reflects that petitioner is not vigilant, cautious and serious for the relief claimed through instant petition and has not come to this Court with clean hands. Consequently, instant petition stands disposed of.