Section 313 ipc
Pardeep Mittal
(Querist) 11 April 2013
This query is : Resolved
An Fir u/s 313 was made where the statement of the lady was taken at the hospital itself immediately after the abortion was done. 4 persons were named in the FIR, husband, mother in law, mother in law's sister in law and the doctor as all these people took the lady to the hospital and done the abortion without her concent. Police had arrested the husband and sent to judicial custody for the last 15 days.
But till now no action has been taken against the other 3 accused. even none of the them had given statement to the police. even doctor is comfortabely running her hospital even after 20 days of the incident.
kindly advise at to what action can be taken by the complainant as police is openly helping the accused party. We have already filed an writ petition in the high court, which is pending. further ABA of the 2 ladies (mother in law and her sister in law) has been rejected by the session court.
KINDLY ADVISE AND HELP IN THE MATTER.
ajay sethi
(Expert) 11 April 2013
if AB has been rejected wait for the cops to take action . you have already filed writ petition in HC . wait for orders to be passed by HC
Devajyoti Barman
(Expert) 11 April 2013
Apply the Magistrate to call for report of the IO about the status of case.
The Magistrate can issue fresh W/A against the absconding accused persons.
Raj Kumar Makkad
(Expert) 11 April 2013
I also endorse the advice of both the experts.
Pardeep Mittal
(Querist) 21 May 2013
pls. refer the above matter, the ABA of the accused were approved by the high courts. but the judge didn't listen about section 313. he gave his decision considering mainly 498a, 406.
kindly advise what kind of remeady we have in this case. can we approach to double bench of high court.
we have a copy of the hospital records with us, where on the concent papers, FAKE SIGNATURE OF THE GIRL WAS TAKEN AND THE SAME IS VISIBLE EVEN WITH NAKED EYES.
