JUDGEMENT
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(1.) By way of this petition, the petitioner has sought
issuance of directions to the respondent authorities to take
appropriate action on her representation dated 8.7.2011
(Annexure P-4), which discloses a cognizable offence.
(2.) As per the averments made in this petition, the
petitioner was badly beaten by Akhtari, Khurshid, Abbas, Subhan
Khan and Usman etc. However, she was got released by the
family members of one Ramjanu, who was also given injuries by
the assailants. At that point of time, the petitioner was carrying a
baby. She was got admitted at Government Hospital, Mandi
Khera and thereafter, at Government Hospital, Gurgaon, where
after conducting ultrasound, it was found that the foetus had died
and resultantly, abortion was carried out on 7.5.2011. It is the
case of the petitioner that despite the application made by him,
the police did not take any action. Hence, the present petition.
(3.) Reply by way of affidavit of Anoop Singh, HPS, DSP,
Ferozepur Jhirka has been filed in Court, which reads thus:-
1. That detailed facts of this case are that the
petitioner was married with Yunus son of Kamruddin,
Resident of Village Guraksar, Police Station Hathin,
District Palwal. The husband of the petitioner, Yunus
came to the police station of Punahana and he moved
an application to the answering respondent to the
effect that the petitioner is his legally wedded wife and
she is pregnant by 5/6 months. He also stated that
his father-in-law and mother-in-law due to the party
fraction in the village are intend to damage the
pregnancy of his wife in order to falsely implicated the
persons of opposite party in village Tigaon, Police
Station Punahana. On that the statement of the
husband of the petitioner was recorded in police
station Punahana. The statement of many other
respectable persons was also recorded in the police
station Punahana on the same day. Thereafter, the
petitioner met with the police on Luhinga Mor
Jamalgarh Road and she got recorded her statement
and submitted her medical papers before the police.
It is submitted that on the said statement of the
petitioner the police obtained the opinion of doctors
and the Doctor gave his opinion on 1-06-2011 that the
nature of injury was simple; there was no fresh
external injury mark over abdomen seen as per MLR;
Injury can be self inflicted or by friendly hand;
Possibility of this type of situation can be created due
to medicine also and there were no such symptoms at
the time of M.L.R. From the aforesaid opinion of the
Doctors and the earlier statement of the husband of
the petitioner, it is very cleared that the alleged injury
of the petitioner are self inflicted and she damaged
her pregnancy on the instance of her father and
mother in order to falsely implicate the persons of
their opposite side, so the present petition is neither
maintainable nor tenable in the eyes of law, Hence the
same is liable to be dismissed. ;
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