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2001 Supreme(Del) 1415

S.K.AGARWAL
MIRU BHATIA PRASAD – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
D.C.MATHUR, RICHA KAPOOR, Sudhir Makkar

S. K. Agarwal

( 1 ) THIS revision petition under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 (for short Criminal Procedure Code.) is directed against the order dated 1 8/10/1997, passed by the Additional Sessions Judge, delhi framing the charge against petitioner for offences under Sections 313/269indian Penal Code.

( 2 ) PROSECUTION allegations in brief are: on 22/3/1993, tarsem Kumar lodged a report with the police alleging that on 3/1/1993, after reading the advertisement in Punjab Kesari, he along with his wife, who was then pregnant, contacted M/s. Bharati Lab and Scan Centre at Rajouri Garden, to rule out any foetal abnormality. They were told that the test will be done by ultra modern computerised machines and with modern techniques. They agreed for the test. Rs. 3,500. 00 was charged from them. After test,. he was told by his wife that needle was injected in her abdomen by the petitioner and aminocentesis test was done. They were told that it was a healthy male baby. Dr. Chopra, proprietor of Lab called them, after one month for ultra-sonography but they could not go. However, they could go, only on completion of five months pregnancy; on that day aft








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