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2006 Supreme(Cal) 23

ARUN KUMAR BHATTACHARYA
JAGANMOY BANERJEE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ASHIM KUMAR ROY, RUPA BANDHYAPADHAYA, SEKHAR BASU, TAPAS KUMAR GHOSH

ARUN KUMAR BHATTACHARYA, J.

( 1 ) THE hearing stems from an application under section 482 Cr. PC filed by the petitioners praying for quashing the proceeding being G. R. Case No. 599/2003 arising out of Suri P. S. Case No. 193/2003 dated 24. 11. 2003 under sections 176/346/317/120b IPC read with sections 41/45 of the Juvenile Justice Act, 1986, pending in the Court of Id. Sub-Divisional Judicial Magistrate, Suri, Birbhum.

( 2 ) THE circumstances leading to the above application are that petitioner no. 1 is a Senior Medical Officer of Suri Sadar Hospital, while petitioner Nos. 2, 3 and 4 are President, Secretary and Treasurer respectively of a registered non-Government Organization in the name of Aurobinda Anusilan Society which runs a Short Stay Home and Creche apart from its involvement in various welfare and voluntary social services. One Chanchal Kazi and Smt. Dipali kazi approached petitioner No. 1 at his residence for abortion of Smt. Kazi as she was in her family way before marriage, and despite his initial refusal to abort as it exceeded the purview of M. T. P. law, the said Smt. Kazi ultimately gave birth to a male child in his emergency chamber in the name of Matrimongal














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