Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3948 of 2019 Petitioner :- Jitendra Gaud And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Prasad Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 28th April, 2018 registered as Case Crime No.120 of 2018, under Sections 498-A, 323, 504, 506 and 316 IPC and Section 3/4 of Dowry Prohibition Act at police station Mariyahun, district Jaunpur.
One of the allegations in the impugned First Information Report against the petitioners is that they have assaulted the informant while she was pregnant as a result of which she suffered immense pain in her abdomen.
On 13th February, 2019, we had passed the following order:
"The allegation in the first information report is that the informant, who was pregnant, was assaulted by her husband, father-in-law, mother-in-law and she developed immense pain in her abdomen and in that condition, she approached the police station and made a prayer that her child might have died and, therefore, ultrasound should be done of her abdomen.
Learned counsel for the petitioners has filed a supplementary affidavit, stating therein that no ultrasound was done and the allegations are false.
Whether ultrasound was done or not; whether the victim was medically examined, could be ascertained by requiring the learned AGA to seek instructions.
Put up this matter on 21.02.2019. By which date, learned AGA shall seek instructions on above aspects.
Let a copy of this order be supplied to learned AGA for compliance."
Pursuant to the above order, learned AGA has produced medical examination report of the victim. It appears that the victim was medically examined and she was found pregnant but with dead fetus. In the opinion of the Doctor that could be spontaneous or drug induced or due to trauma.
Under the circumstances, the possibility of the victim being assaulted, resulting in death of the fetus cannot be ruled out. More over, a bare reading of the impugned First Information Report discloses commission of various cognizable offences therefore it cannot be quashed.
The petition is dismissed.
Order Date :- 21.2.2019. Rks.