(1.) THIS order shall dispose of M.Cr.C.No. 7340/2000 filed by Navneet Kumar and Sandeep, which is a second application under Section 439 Cr.P.C. This order shall also dispose of M.Cr.C.No. 6993/2000, which -is also an application under Section 439 Cr.P.C., this is also a second application.
(2.) PARTIES are heard. Case diary of crime No. 13/2000 registered at Mahila Police Station, Durg for offences punishable under Section 498 -A/34 read with Section 313 I.P.C. perused.
(3.) THE prosecution allegations have already been given in detail in my earlier order dated 11.7.2000 passed in M.Cr.C.No. 3989/2000. The necessary facts for disposal of these petitions are that Smt. Anita was married to Navneet. Applicants Sandeep and Sanjay are younger brother of said Navneet while Bhagwan Katariya is the father of said Navneet. After the complainant conceived pregnancy , as the allegations are, the husband and the other family members took an exception to it, took her for abortion and without her consent go the abortion done. The girl even before she conceived pregnancy wrote number of letters to her parents, wherein she reflected her pathetic condition. After conceiving pregnancy, she wrote certain letters to her parents, wherein she showed that she was hale and hearty and was happy of the events. She however wrote in the letters that the husband and the other family members were not happy with the said condition. Thereafter, she also wrote that contrary to her wishes, the abortion was effected. Thereafter, the matter was reported to the police. The police after making proper investigations arrested these persons.