' This petition is filed in order to challenge the order, dated 30-8-1997 passed by the Additional District Magistrate, Rawalpindi, whereby, it was directed that the complainant Tesawar Hussain be re-examined for the injuries suffered by him during the occurrence by a Medical Board to be constituted at the District level at Rawalpindi. Learned counsel for the petitioner has submitted that the complainant Tasawar Hussain suffered a stab wound in the abdomen for which he was hospitalised and his medico-legal examination was conducted on 9-8-1997 by Dr. Naeem Ashraf who had referred the matter to the Surgeon of the Tehsil Headquarter Hospital, Gujar Khan from where he was onward referred to the Surgeon of the District Headquarter Hospital, Rawalpindi. The Surgeon at the District Headquarter Hospital, Rawalpindi had examined the aforesaid complainant on 11-8-1997 and Exploratory Leprotomy was performed, whereby a tear in the right lobe of liver was detected apart from injuries Nos. 1 to 7, noted during the medico-legal examination.
2. In view of the above situation, it is contended by the learned counseld for the petitioner that there was no need to constitute a special board for the examination of the complainant namely Tasawar Hussain. Lastly, it is contended that before making any order, the learned Additional District Magistrate was bound to summon the petitioner and since he was never summoned, therefore, the order in question was passed in his back which was, therefore, not maintainable in the eyes of law.
3. The parawise comments were called from the respondents which have been submitted by the D.S.P./S.D.P.O., Gujar Khan in which the aforesaid facts regarding the medico-legal examination of the complainant has been confirmed. After obtaining the aforesaid medico-legal opinion and after the completion of the investigation, the case has been sent to the Court concerned for trial.
4. In view of the above facts, it appears that the re-examination of the complainant after he has been thoroughly examined by a Surgeon and after the Exploratory Leprotomy, the impugned order loses its utility particularly when the case has already been sent to the Court concerned for trial after the investigation has been completed. The same is, therefore, set aside with the direction that if the Trial Court comes to a conclusion that the re-examination by a specially constituted Board is necessary for the ends of justice, an appropriate order may be passed by it after hearing both the sides. The petition is disposed of with the above observation.