Documente Academic
Documente Profesional
Documente Cultură
IN
REPORTABLE
VERSUS
J U D G M E N T
K.M. JOSEPH, J.
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dated 04.12.2017.
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point out that the High Court has not noticed that the Chief
High Court:
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time that the wife of the appellant conceived and the child
“DEATH CERTIFICATE
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facie no case made under Section 304B and 201 of the IPC
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the accused for trial, the Magistrate can direct the police
investigation.
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(Emphasis supplied)
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follow the procedure under Sections 200 and 202 of the Code
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the Code were recorded. The High Court turned down the plea
final report, the court could not take action on the basis
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his wife and his son. This is apart from the statements which
were taken from the Doctors who treated the daughter of the
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down.
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daughter:
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due to her illness. One of the Doctors have stated that the
that it was found that the deceased died due to her illness
and no prima facie case was made out against the accused
persons.
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Court in Surya Dev Rai v. Ram Chander Rai & others8 in this
of subordinate courts.
31. In the facts of this case, the High Court concluded that
the Magistrate has not considered the protest petition by
to consider the matter for action on the same, and for that
was not considered. That the High Court may take one of the
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found no case was made out under Section 201 of the IPC.
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of the deceased, she claims that she has not gone to the
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a larger Bench.
court took the view that apart from the power of the
do so.
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petition.
be recorded.
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under Section 200 and 202 of the Code if the latter Section
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follows:
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Section 200 read with Section 202 of the Code. In this case,
final report. While we are not suggesting that the form must
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parents and in-laws and his siblings also. They have not
Judge. Before the High court, neither the appellant nor any
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also interfere with the order of the High Court against all
the accused?
even qua the other accused who are the relatives of the
High Court.
50. We would think that in the facts of this case, the High
Court erred in intervening and that there was no
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Judge.
..................J.
(SANJAY KISHAN KAUL)
..................J.
(K.M. JOSEPH)
New Delhi,
July 09, 2019.
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