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2024 Supreme(Online)(TEL) 1587

HIGH COURT OF TELANGANA
K.SURENDER, J
Sampeta Ashok – Appellant
Versus
The State of Telangana – Respondent


ORDER

1. This Criminal Petition is filed to quash the proceedings against the petitioner/Accused in C.C.No.415 of 2019 on the file of I Additional Judicial First Class Magistrate at Khammam for the offences under Section 420 of IPC and Section 314 r/w 511 of IPC and Sections 3 and 4 of Contravention of Medical Termination of Pregnancy Act, 1971.

2. The 2 nd respondent, who is the District Medical and Health Officer (DMHO) conducted decoy operation having information that this petitioner was a quack indulging in illegal abortions. L.W.5, who was carrying 7th month pregnancy went to the accused as decoy. At that time, video recording was done by the decoy in which the petitioner had conducted ultra sound scan and advised operation.

3. On the basis of the said advise given by this petitioner, which is illegal, criminal complaint was filed by Dy.D.H.M.O and thereafter investigated into by the Sub-Inspector of II Town Police.

4. Learned counsel appearing for the petitioner would submit that the contents of the prosecution case do not disclose any offence under Section 420 or 314 r/w 511 of IPC.

It was in fact a decoy, who approached the petitioner. Even a


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