SURENDER SULANIA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition under Section 397 read with Sections 401 & 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed on behalf of the petitioner for revision against the impugned order dated 15th December, 2015 passed by learned Additional Sessions Judge-03, PHC/NDD, Delhi, thereby framing charges against the petitioner under Section 316 of the Indian Penal Code (IPC) in a case arising out of FIR No.182/2013 registered at Police Station Sagarpur, Delhi.

(2.) A thumbnail sketch of the facts of the case is that on 6th July, 2013, a PCR call was received in Police Station Sagarpur, New Delhi to the effect that the wife of the caller, namely, Mrs.Prem, was admitted in Mohanty Medical Clinic and her abortion was done on account of miscarriage. The complainant Mrs.Prem in her complaint had alleged that on 5th July, 2013, she along with her husband-Mr.Ram Manohar visited the house of one of their relatives namely Mr.L.D. Sulania, for the purpose of demanding their long outstanding amount of approximately rupees eight lakhs when there arose a quarrel between her husband and Mr.L.D. Sulania. It is submitted that Mr.Ram Manohar used to work with Mr.L.D. Sulania as driver/labour for carrying malba from tractor trolly. It was stated in the complaint that the said L.D. Sulania was a Government contractor and was not giving their dues for a long time. It is alleged that on being made a demand of money by the complainant and her husband, Mr.L.D. Sulania remarked that had they not been their relatives, he would have kicked them out. It is further submitted that in the meanwhile, L.D. Sulania's son namely Surender Sulania (the present petitioner) reached there and started abusing the husband of the complainant upon which the complainant came and stood between them.

(3.) The statement of Dr.C.L. Mohanty was recorded in which she stated that the complainant visited her clinic with the complaint of pain in abdomen. The doctor further stated that the complainant never stated her in respect of history of assault, fall, injuries and violence. She further stated that the ultrasound of the complainant revealed that she was pregnant with evidence of open internal (OS) with gross Oligohy Dramnios with presence of fluid in cervical canal with rupture of membrane. She further stated that the spontaneous delivery of the foetus in her clinic was conducted.