M.K.HANJURA
Neeru Gupta – Appellant
Versus
State of J&K – Respondent
1. The Petitioner-Dr. Neeru Gupta in the instant petition filed under Section 561-A Cr.P.C implores for the grant of the following reliefs in her favour:-
“(i) Quash the order impugned passed by the learned Session Judge, Rajouri dated 05th August, 2011, as a consequence of which the order of the CJM, Rajouri has been upheld for reinvestigation of the case in FIR No. 403/08 under Section 338 of RPC.
(ii) Direct the closure of the case by accepting the report of I.O. based on opinion of Medical Board of Doctors.
(iii) Direct the concerned respondents to produce the entire record of the case before this Hon’ble Court.
(iv) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstance of the present case.”
2. The facts, as these emerge from the study of the file under consideration are, that the complainant, namely, Shri Tahir Shah filed a Complaint before the Court of learned Chief Judicial Magistrate, Rajouri (in brevity, the CJM) on 05th November, 2008, wherein he stated that his wife was pregnant. On the 12th of July, 2008,
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