Smt. Mala @ Gunmala Lodhi & Ors. vs. State of MP & Others

Madhya Pradesh High Court (Single Judge)

MCRC, 8309 of 2019, Judgment Date: Sep 26, 2019

Law laid down -

The first and foremost duty of a Medical Officer is to label the case as Medico Legal Case on the basis of his sound professional knowledge after taking detailed history as well thorough clinical examination. This duty is a pious duty and it should be based on profound principle of taking oath of his or her profession.

Attending Casualty Medical Officer or Medical Officer, who is on duty only has authority to decide whether the case is to be registered as Medico Legal or not. This is the exclusive jurisdiction of the concerned Chief Medical Officer or Medical Officer, who is on duty to register/label a case as MLC or not. No other person can induce or pressurise or interfere in the aforesaid jurisdiction of Attending Casualty Medical Officer or Medical Officer. Only verbal communication with the police does not mean registering a Medico Legal Case. All the communications in this regard should be written and relevant form is required to be filled by the Doctor concerned.

There is no criteria of doing MLC either by a government doctor or by a private doctor. MLC can be done by the skill of a person, who is having special knowledge in the specific field. Therefore, if any MLC is done in accordance with the procedure as mentioned above by any specially skilled person shall be considered as MLC. However, the prescribed procedure is required to be followed.

Smt. Mala @ Gunmala Lodhi & Ors. vs. State of MP & Others