AJAY MADAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT revision petition has been filed praying that order dated 15th September, 2004 framing charge against the petitioners, be quashed.

(2.) MR . R.S. Cheema, Senior Advocate accompanied by Mr. K.S. Nalwa, has canvassed before this Court that no offence under Sections 304, 314, 201 read with Section 34 IPC and Section 23 of PNDT Act is made out.

(3.) MR . R.S. Cheema has submitted that in the present case, Amarjit Kaur, Baljit Kaur and Amar Kaur came to the hospital of the accused for getting the abortion done and Amarajit Kaur was admitted as a complicated case of anencephaly, and therefore, as an emergency case, she was to be given medical care by the petitioners. It is stated that the Court, while framing charge, has to apply its mind whether it is a case of medical negligence or not, or from the facts any penal offence is made out or not.