MURARI MOHAN KOLEY Vs. STATE

JUDGEMENT

(1.) This is an application under section 401 read with section 482 of the Code of Criminal Procedure filed at the instance of Sri Murari Mohan Koley, petitioner herein, praying for setting aside of an order dated 11.09.2002 passed by Sri P. P. Roy, learned Sub Divisional Judicial Magistrate, Howrah, whereby he has taken cognizance of the offence under sections 314/201 of the Indian Penal Code and/or for quashing the impugned proceeding being G.R. Case No.245 of 2001 dated 06.11.2001 under section 314 of Indian Penal Code.

(2.) The short facts leading to the filing of this revisional application reads as under:

(3.) The petitioner herein, is an authorised Medical Practitioner as described under the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the 'Act of 1971') and is a public servant and in charge of the Family Planning Department of Howrah General Hospital and also the Bed-in-Charge (Visiting Gynaecologist) and the petitioner is an MBBS (Cal), D.G.O. (Cal), M.D. Gynaecology, and Obstetrics (Cal) D.N.B. (Obstetrics) and Gynaecology, India. The aforesaid post also allows private practice.