Fabricated mlc certificate

Originally posted by : Zuniee
	Dear Respected Learnds, My wife has filed a false IPC 498A case and also have attached a fake MLC later (after registering the FIR). My advocate has suggested me to prove that it is fabricated MLC. But I'm not sure how to do that,

 I suggest you to change your lawyer ASAP.

Sir, I don't think so. He is one of the best lawyer.. The reason could be he wants to me try outside trial to prove it fabricated using RTI, hence I'm struck.

Zunie,

This is very simple case to prove.  You can prove this yourself.  Are you writing this on behalf of someone else?  You are female, but query is about male.  Please enlighten.

Sir, I'm male and writing for myself.

@ Author 

Cool have patience now does the MLC contain the below mentioned data .you can easily get a certified copy  of the same from the court or you must have received a copy with the summons . you are paying your lawyer his fees and he has to prove the same that the certificate is false .Dont bother about the fake MLC . Now your lawyer can summon the hospital authorities  the receiptionist  who entertained her and registered her name in the register , the nurse who treated her, the doctor who treated her . the doctor who discharged her and call for the discharge certificate . also summon the person who accompained her to the hospital . Now can you post the MLC to me if not here than PM me we can work out things on the cross examination part  and see how her case falls apart and show that the certificate is false .Now  chill relax and have a Beer till than ,Below is a write up .  

  Medico-legal Reports Medico-legal reports (MLR) are to be prepared immediately after the examination is done. They should be prepared in duplicate, preferably with a ball-point-pen, in a clear and legible hand. Cutting/ overwriting, etc should be avoided as much as possible and all corrections should be properly initialed. Abbreviations of any sort should be avoided. An MLR comprises of three parts, namely: a) Pre-amble—includes the date, time and place of examination, name of the patient, his residential address, occupation; name of the person(s)/police official accompanying, DDR/FIR No., informed consent of the person being examined, two marks of identification, etc, wherever applicable. b) Body (Findings/Observations)—includes a complete descriptttion of the injuries/any other findings present; any investigations/referrals, etc, asked for. c) Post-amble (Opinion)—includes the ·         Nature of the injury—whether simple or grievous. ·         Weapon/Force used—whether blunt or sharp or fire-arms or burns, etc. ·         Duration of the injuries—based on the characteristics of the external injuries. Here, it would be pertinent to add that when giving the duration of the injuries, the most common mistake that is committed is that undue/complete reliance is placed on the history given; while the doctor’s own observations regarding the features of the injuries are often not taken into consideration. This again, may prove disastrous, as far as the courts are concerned. As regards the accuracy of estimating the duration of the injuries, the Hon’ble Supreme Court, in Ramswaroop v State of UP8, said that “It is well known that a doctor can never be absolutely certain on the point of the time so far as duration of injuries is concerned”. ·         Any other information that may prove to be helpful to the police. ·         If for any reason, the opinion is to be kept ‘pending’, the same is to be documented properly in the appropriate column. The Officer/CMO issuing the MLR register to any doctor should ensure that it is properly numbered and a certificate regarding the same (giving the number of forms contained there-in) should be given by him on the first page of the said register. All investigation forms, X-rays, Case file, etc should bear the label “MLC” on the top, so that necessary precautions can be taken by all concerned. Custody of the Records The records should be kept under lock and key, in the custody of the doctor concerned or may be kept in a Central Record Room, in hospitals where such facility is available; as per the institution’s rules. Most hospitals have a policy of maintaining all medico-legal records for variable periods. However, as per law, there is no specified time limit after which the MLRs can be destroyed. Hence, they have to be preserved. In view of the multitude of cases against the doctors under the Consumer Protection Act, it is advisable to preserve all the in-patient records for a period of at least 5 years and OPD records for 3 years.9 Admission and discharge Whenever a medico-legal case is admitted or discharged, the same should be intimated to the nearest police station at the earliest. It is always better to inform the police through the casualty of the hospital where the medico-legal register is usually maintained and necessary entries can be made in it. While discharging or referring the patient, care should be taken to see that he receives the Discharge Card/Referral Letter, complete with the summary of admission, the treatment given in the hospital and the instructions to the patient to be followed after discharge. Failure to do so renders the doctor liable for “negligence” and “deficiency of service”. In N. K. Kohli v Bajaj Nursing Home,10 the Madhya Pradesh State Consumer Disputes Redressal Commission said that “issuance of the discharge certificate is the mandatory duty of the treating doctor and the Nursing Home/ Hospital and the non-issuance of the same amounts to grave negligence and deficiency (in service) on the part of the doctor and the hospital”. If the patient is not serious and can take care of himself, he may be discharged on his own request, after taking in writing from him that he has been explained the possible outcome of such a discharge and that he is going on his own against medical advice. Police have to be informed before the said patient leaves the hospital. Sometimes the patient, registered as a medico-legal case, may abscond from the hospital. Police have to be immediately informed, the moment such an instance comes to the notice of the doctor/ hospital staff.

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Sir, you are correct, even once my lawyer had said the same thing initiaially but off latey he suggested me this way also.
Hope you see the difference between summoning all those who involved (OPD department personell, Nurse, Doctor & constable) versus we our selves proving it is a fabricated one in Hon'ble Court.  All those are goverment servents so not sure whether they are at the same place or transferred and summoning them, waiting for them to arrive in court is not sure thing, my lawyer told not sure how much time it will take them to arrive in courts, plus adv crossing them. Infact my lawyer one of the witness is doctor so has to come, but again not sure my adv told me in 99% they don't turn up.

@ Zuniee 

I am rather astonished at your reply. Neither you nor your lawyer have the confidence  . Its high time you change your lawyer and appoint one who has the confidence to handle your case .

My dear Freind you can call for the registers , records etc and issue a bailable warrant . Thats the job of your lawyer . Next the Burden of proof is on the petioner to prove the same .  

@Stanley Sir, What exactly is the Pursis application (which is submitted in Hon'ble Courts) ? Where or in which law book or provision we can read more about it and how to use it. Thanks

@ Zuniee 

I have sent a PM to you .Now i request you to consult 3-4 experienced advocates in your vicinity and take their view . 

Wife Produced Fabricated MLC after 6 days she left home. FIR its help her frame 323 against me. How to Provo that this MLC is fake? They have contact in government hospital as his Mama's son is also a government doctor but he did not make report instead used his friend for this. Pls advice