Aashik S/O Rashid Barde v. the State of Maharashtra Thr. Pso, Ps, Gittikhadan Nagpur Dist. Nagpur and Another

Bombay HC20 Sept 2024APL/1348/2024

Case brief

AI extract

What is this about?

Application to quash FIR Crime No. 415/2024, Gittikhadan police station, Nagpur, against a gynecologist alleged to have conducted abortion. Court issued notice returnable after six weeks and directed that no charge-sheet be filed against the applicant without its leave pending investigation.

What did the court decide?

Notice issued returnable after six weeks; charge-sheet not to be filed against applicant without leave of the court.

Aashik S/O Rashid Barde vs the State of Maharashtra Thr… — Quashing and FIR | Bombay HC (2024)

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1 910 apl 1348.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO. 1348/2024

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(Aashik s/o Rashid Barde Vs. State of Maharashtra & anr.)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. S.B. Taywade, Advocate h/f Mr. A.C. Jaltare, Advocate for applicant.

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Mr. A. Madiwale, APP for non-applicant No.1.

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CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

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DATED : 20/09/2024.

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Heard.

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This is an application seeking to quash First Information Report vide Crime No. 415/2024 registered with Police Station Gittikhadan, Nagpur for the offence punishable under Sections 313, 323, 498-A, 504, 506 of the Indian Penal Code, Section 4 of Muslim Women (Protection of Rights) Act, 2019.

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The applicant is a practicing Gynecologist. The role ascribed to the applicant is of conducting abortion of the informant lady. It is submitted that after sonography with other unit, pregnancy was terminated at Sanjivani Hospital. Thereafter, as some tissues remained in uterus, at the request of informant and her husband, applicant conducted curating procedure and thus alleged offence would not

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2 910 apl 1348.24

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attract.

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Issue notice to the non-applicants returnable after six weeks. The learned APP waives service of notice for non-applicant No.1.

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In the meantime, investigation may go on, but charge-sheet shall not be filed without obtaining leave of this Court against the present applicant.

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( MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Gohane

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Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 24/09/2024 11:16:55

Aashik S/O Rashid Barde v. the State of Maharashtra Thr. Pso, Ps, Gittikhadan Nagpur Dist. Nagpur and Another

Case brief

What is this about?

What did the court decide?

Aashik S/O Rashid Barde v. the State of Maharashtra Thr. Pso, Ps, Gittikhadan Nagpur Dist. Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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