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2004 Supreme(P&H) 114

SATISH KUMAR MITTAL
Gurdeep Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.P. Gupta, Sr. Advocate with Mr. Saurabh Raj Kumar, Advocate.
For the Respondent No. 1: Mr. Prem Kumar, DAG, Punjab.
For the Respondent No. 2:Mr. Atul Jain, Advocate.

JUDGMENT

Satish Kumar Mittal, J. - In this criminal revision, the petitioners have challenged three orders passed by the learned Chief Judicial Magistrate, Kapurthala, i.e. order dated 2.9.2003 (Annexure P-17), vide which the application filed by petitioner No. 1 (husband) for directing respondent No. 2 (wife) to get her medically examined from the Medical Board of Doctors of PGI, Chandigarh, has been dismissed; order dated 2.9.2003 (Annexure P-18), vide which the application of the petitioners for discharging them from the charges framed againt them, has been dismissed and the order dated 15.4.2002 (Annexure P-13), vide which charge has been framed againt the petitioners.

2. The brief facts of the case are that petitioner No. 1 was married to respondent No. 2 - Harpreet Kaur on 18.2.2001. Petitioner Nos. 2 and 3 are the natural parents of petitioner No. 1 and petitioner Nos. 4 and 5 are the brother and sister of petitioner No. 1. According to the petitioners, the marrige between petitioner No. 1 and respondent No. 2 could not be consummated as respondent No. 2 was not fit to lead a normal married life. Petitioner No. 1 alleged that the respondent-wife is not a woman and actually sh










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