ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Application No. 458 of 2013 is filed for intervention in Criminal Application No. 116 of 2013. For the reasons mentioned in the application, applicant is allowed to intervene, as prayed. The Criminal Application No. 116 of 2013 is filed under Section 482 of the Code of Criminal Procedure. Vide this application, the applicant sought quashing of Crime No. 182 of 2012, registered on 30th September, 2012, at Police Station, Kaij, Taluka Kaij, District Beed and corresponding Regular Criminal Case No. 385 of 2012, pending in the Court of Judicial Magistrate, First Class, Kaij, under Section 312, 315, 316 and 109 of the Indian Penal Code and under the provisions of Sections 3, 4 and 5 of the M.T.P. Act, 1971, to the extent of applicant.

(2.) The facts leading to the present application are quite peculiar and can be narrated as under:--

(3.) The applicant is the Medical Officer, Sub-District Hospital, Kaij and is under immediate control of Civil Surgeon, Beed. On 26th September, 2012, a woman by name Ashabai came to his hospital with a view to get her pregnancy terminated. The applicant referred her for ultra sonography examination and noticed that the pregnancy was more than 12 weeks old, and therefore, it's termination was required to be done in well equipped hospital in accordance with provisions of law relating to medical termination of pregnancy. He adviced her to go to S.R.T.R. Medical College, Ambajogai for further treatment. Ashabai however returned to the applicant and expressed her desire to get the termination done at Kaij, and asked the applicant as to whether she should get the pregnancy terminated at the private hospital of Dr. Lamture, who is the main accused in this case. The applicant told her that he too learnt that the termination of pregnancy is done at Dr. Lamture's hospital and adviced her to go to Dr. Lamture. He, however, kept a watch on her.