SAHINA Vs. STATE OF HARYANA & OTHERS
LAWS(P&H)-2012-5-483
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 09,2012

SAHINA Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (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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