Section 12 in Criminal Rules of Practice and Circular Orders, 1990
12. Medical witnesses and chemical examiner how to be summoned:
(1)Summonses of the following classes of Medical Officers in the District should be issued in the manner specified below:-(a)Government Medical Officers in Government Institutions ;(b)Government Medical Officers in Zilla Parishad and Municipal Taluk Headquarters Medical Institutions ;(c)Government Medical Officers lent for service in Zilla Parishad and Municipal Medical Institutions ;(d)Zilla Parishad and Municipal Medical Officers ;(e)Rural Medical Practitioners In-charge of Zilla Parishad Rural Dispensaries (who are neither Zilla Parishad Servants nor Government Servants) ; and(f)Honorary Medical Officers.In the case of all these classes of Officers, summons should be served direct on the Medical Officers when their absence from the station is not involved, and the fact intimated to the District Medical Officer concerned for information.(2)In cases involving absence from the station, summons should be served through the District Medical Officer in respect of all classes of Medical Officers referred to above except Honorary Medical Officers. The District Medical Officer while forwarding the summons to Medical Officers employed in Zilla Parishad and Municipal Institutions whether they are Government servants lent to local bodies or are servants of local bodies should simultaneously send intimation to the Chairman of the Zilla Parishad or the Executive Authority of the Municipal Council through the Chairman concerned. The same procedure shall be adopted in the case of Rural Medical Practitioners also. The arrangement for the running of the Medical Institution will be made by the District Medical Officer, wherever he has to do so and in other cases by the Chairman of the Zilla Parishad or the Executive Authority of the Municipal Council through the Chairman concerned.(3)In the case of Honorary Medical Officers, the summons should be served through the Superintendent or Medical Officer In-charge of the Medical Institutions so that he may make necessary arrangements for the relief of the Honorary Medical Officer.(4)In all cases where the time available is short or the Medical Institution is distant, a telegram may be sent.(5)In cases where Superintendents of Hospitals and Civil Surgeons are required to attend Criminal Courts to give evidence on professional matters, the summonses shall be served on them direct, when their absence from station is not involved. But the fact should be intimated simultaneously to the Director of Medical Services, Andhra Pradesh In the case of summonses intended for District Medical Officers to attend Criminal Courts to give evidence on professional matters, the summonses need not be sent through the Director of Medical Services, Andhra Pradesh, except in cases in which their absence from their jurisdiction is involved.(6)The Presiding Officer of a Court should see that their special orders are taken before a summons is issued to a Medical witness and for that a convenient date is fixed for his examination. If there is more than one Medical Officer in a Hospital, only one Officer should, as far as possible, be summoned at a time. If possible, it may be previously ascertained from the Medical Officer as to the time that would best be suitable for him with reference to his professional duties. A medical witness should be summoned only when the presence of the accused is certain and when there is no likelihood of the case being adjourned for any other reason. The Presiding Officer of the Court should see that the time fixed for the examination of the Medical Officer is adhered to and that the absence of the Medical Officer from his duties is as brief as possible.(7)Summons for attendance of the Chemical Examiner as a witness in a criminal case shall invariably be sent through the Chief Judicial Magistrate who will then be able to satisfy himself whether Chemical Examiner's personal attendance to give evidence is essential.
