Disposed

Asha Devi v. State of U.P. and 4 Other

Allahabad HC6 Aug 2024A482/23112/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking to set aside a cognizance order and obtain direction to frame charges under Section 313 IPC for miscarriage. The court directed the lower court to consider all investigation material including medical reports before framing or altering charges.

What did the court decide?

Application disposed of; direction given to lower court to consider investigation material and medical reports before framing or altering charges.

Asha Devi vs State of U.P. and 4 Other — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126254

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23112 of 2024

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Applicant :- Asha Devi Opposite Party :- State Of U.P. And 4 Other Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been filed by the applicant with prayer to allow the application and set aside the cognizance order dated 6.5.2023 passed in Case NO. 6098 of 2024 arising out of Case crime No. 351 of 2023, under Sections 323, 504, 506 IPC, Police Station Sarai Khwaja, District Jaunpur without considering the facts and circumstances of the case and without perusing the material submitted by I.O. taken cognizance under Section 323, 504, 506 IPC which is illegal. Further prayed to direct the learned Chief Judicial Magistrate, Court No. 11, Jaunpur to pass a fresh cognizance order and summon the accused persons in appropriate Section in accordance with law.

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It is submitted by the learned counsel for the applicant that in this case applicant is informant in Crime No. 351 of 2023 which was lodged by her under Section 323, 504, 506 IPC at about 6 o'clock in which opposite parties committed marpeet with her and other members of her family. Her daughter-in-law Kanchan sustained injuries and during medical examination, it was found that miscarriage occurred as a result of injuries caused on her abdomen regarding which Section 313 IPC was to be added but the Investigating Officer did not get Section 313 IPC added while submitting the charge sheet. The learned court concerned while taking cognizance of the offence, did not consider all these facts and material on record showing this fact supported with medical report. In this way, neither the Investigating Officer nor the learned court concerned took cognizance of the offence under Section 313 IPC, therefore request to direct the learned court to take cognizance of the offence under Section 313 IPC also.

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Learned A.G.A. opposed the prayer as aforesaid and contended

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that in the F.I.R. no version of abortion/miscarriage was made by the informant. During medico legal examination of the injured Kanchan no any injury was found on her abdomen but during the course of treatment at District Hospital when she was examined by ultrasound it was found that there was incomplete abortion as a result she was subjected to evacuation in the hospital. At this stage it cannot be said that the miscarriage was due to injury caused by the opposite parties on the person of injured Kanchan. Further contended that the learned court concerned will frame the charges on the basis of material on record including the medico legal report, ultrasound report and the statements of the doctors providing treatment to the injured at the stage of framing of charges or after examination of medical expert in this regard.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. perusal of record, the statement of informant and other witnesses and medical report it is apparent that the injured Kanchan also sustained injuries in the same incident and she was medically examined at P.H.C. where no any external injury was found on her abdomen except complaint of pain but she was referred to District Hospital for further management where it was found that there was bleeding and incomplete abortion as a result she was admitted and evacuated. She was under treatment from 31.10.2023 to 3.11.2023. The statements of the doctors providing treatment were also recorded by the Investigating Officer during the course of investigation. In view of material on record, it is expedient to direct the learned court concerned to consider all these facts and material collected during the course of investigation and then to frame charges against the accused persons or it may alter charges after examination of prosecution witnesses including medical experts.

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Accordingly, the present application is disposed of finally.

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Order Date :- 6.8.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Asha Devi v. State of U.P. and 4 Other

Case brief

What is this about?

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Asha Devi v. State of U.P. and 4 Other

Case brief

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