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2001 Supreme(SC) 1176

D.P.MOHAPATRA, SHIVARAJ V.PATIL
Hrijinder Kaur – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

Shivaraj V. Patil, J.-The order dated 31.10.2000 passed by the Patna High Court, Ranchi Bench, Ranchi, in Criminal Revision No. 101 of 2000(R) is assailed in this petition.

 2. The petitioner filed a written complaint before the Golmuri Police Station at Jamshedpur on 2.9.1994 against her husband (the respondent No. 2) and his other relatives. On the said complaint, Golmuri P.S. Case No.172/94 was registered for offences under Sections 498-A, 313 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1971. After investigation, charge-sheet was filed. However, Dr. (Mrs.) Snehlata Mukherjee was not sent for trial against whom it was alleged by the complainant that she was aborted at the nursing home of the said doctor. The learned Chief Judicial Magistrate on 19.11.94 took cognizance under Sections 498-A, 313 of the IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1971 and discharged the accused Dr. (Mrs.) Snehlata Mukherjee. The remaining accused filed an application on 15.5.1995 to delete Section 313 of the IPC from the charge-sheet as no case was made out for the said offence. The learned Magistrate, by his order dated 1.9.1995, allowed










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