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KAMLESH RANI versus THE STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Kamlesh Rani v. The State of Punjab - CRM-38775-m-2006 [2006] RD-P&H 3758 (6 July 2006)

Crl.Misc.No.38775.M of 2006

Kamlesh Rani vs The State of Punjab

Present : Mr.S.S.Hira, Advocate,

for the petitioner.

******

The petitioner seeks grant of anticipatory bail in case FIR No.113, dated 5.6.2006, registered under Section 314 of the IPC, at Police Station Mahilpur, District Hoshiarpur.

As per the allegations, in the FIR, the petitioner works as a midwife. The complainant's wife Sarswati Devi was carrying a child. On 3.6.2006, the complainant and his wife visited the petitioner. She received a sum of Rs.1700/- for performing an abortion. The abortion was performed on the same day. After returning home, Sarswati Devi developed pain in her stomach. The complainant approached the petitioner and was told that such pain was normal after an abortion. However, the condition of Sarswati Devi deteriorated, whereafter she died.

Counsel for the petitioner contends that the present FIR is the result of political rivalry. The petitioner is a Member of Block Samiti, Mahilpur, District Hoshiarpur. She has been falsely implicated by her political rival, namely, Gurmail Singh, Ex. MLA and Ex. Minister. She had a quarrel with Ruby Chowdhary son of Gurmail Singh, whereupon she filed a complaint at Police Station Mahilpur. However, due to political influence, no action was taken. She thereafter filed a complaint, before the Punjab Human Right Commission, Chandigarh and the National Human Right Commission, New Delhi She also filed a complaint, under Sections 167/341/342/509 of the IPC, read with Section 3(x) and (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Crl.Misc.No.38775.M of 2006 : 2 :

1989, before the Judicial Magistrate Ist Class, Hoshiarpur. It is further contended that the aforementioned facts clearly indicate that the FIR is mala fide and has been lodged to pressurise the petitioner.

I have heard learned counsel for the petitioner and perused the paper book.

The petitioner was allegedly a midwife, performed an illegal abortion that led to the demise of the complainant's wife. The circumstances, pleaded by the petitioner in defence, namely, the mala fides of the police and her alleged political rivalry, in my considered opinion, do not entitle her to the concession of anticipatory bail. Abortions, by midwives, endangering the lives of innocent, semi-literate villagers. The petitioner's offence that led to the demise of the complainant's wife, is an offence so grievous as to disentitle her to the concession of anticipatory bail.

Dismissed.

( RAJIVE BHALLA )

July 10, 2006. JUDGE

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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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