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2023 Supreme(All) 22

SYED AFTAB HUSAIN RIZVI
Nadeem Tarik – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Girish Kumar Mishra
For the Opposite Party : G.A., Mohd. Afzal

JUDGMENT :

1. Heard learned counsel for the revisionist, learned counsel for opposite party no.2 and learned AGA for the State.

2. This criminal revision is filed against the order dated 24.08.2022 passed in sessions trial no.106 of 2019 (State vs. Nadeem Tarik) crime no.49 of 2014 passed by Additional Sessions Judge/ FTC court no.1. By the impugned order, the learned trial court has rejected the application 47 ka filed by accused U/s 216 Cr.P.C.

3. The revisionist is accused in the sessions trial. Charge-sheet was submitted U/s 498A, 323, 504, 506 and 3(1) v IPC and 3/4 D.P. Act. Charges were also framed against the revisionist-accused. Trial commenced. After recording the statement of P.W.-4 Dr. Mursarat Mujeeb, an application U/s 216 Cr.P.C. was filed by the accused alleging therein that it has come on the record that no act has been done with intent to prevent child being born alive or to cause it to die after birth. The testimony of P.W.-4, Dr. Mursarat Mujeeb clearly discloses that no abortion was done by her. She has admitted that she has not done any abortion or admitted complainant/ victim. It is clear that false allegations were imputed by the complainant. From the cross-exa

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