CRM No. 48944 of 2011 in/and -1- CRR No.643 of 2011 (O & M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No. 48944 of 2011 in/and CRR No.643 of 2011 (O & M) Date of decision : 12.9.2011 Dharmender and another ........Petitioners Vs. State of Haryana and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr. Vikram Punia, Advocate, for the petitioners Mr. S.S.Nara, Senior DAG, Haryana Mr. Anuj Balian, Advocate, for Mr. Anshuman Dalal, Advocate, for respondent No.2 --- AJAI LAMBA, J (Oral) CRM No. 48944 of 2011 Application is allowed. Order dated 17.2.2011, Annexure P-4, passed by Additional Sessions Judge, Sonepat is taken on record. CRR No.643 of 2011 This criminal revision prays for quashing of order of charge dated 17.2.2011, Annexure P-4, passed by Additional Sessions Judge, Sonepat and the charge sheet. The petitioners have been charged for commission of offence under Sections 323, 498-A, 315, 509 and 34 of the Indian Penal Code. Accused Dharmender has also been charged for commission of offence under Section 354 of the Indian Penal Code. Learned counsel has seriously contested the charge for commission of offence under Section 315 of the Indian Penal Code. It has been pleaded CRM No. 48944 of 2011 in/and -2- CRR No.643 of 2011 (O & M) that no material is available on record to show that the accused in any way have done any act with intent to prevent child being born alive or to cause it to die after birth. On perusal of the order of charge, I find that there is an allegation that the accused started beating the victim and consequently her pregnancy was terminated as a result of beating. The order further discloses that the statement of complainant, coupled with copy of MLR and reports, furnished by medical officers, indicates that complainant was subjected to ill treatment for want of dowry and suffered abortion. After lodging of FIR, investigation was undertaken. The medical reports placed on record, indicate that abortion did take place. Whether abortion took place on account of giving injuries by the accused or not, would be a matter of evidence. At this stage, only a prima facie case is required to be seen. The investigation report has not been placed before this Court for its consideration. Considering the documents placed on record, it cannot be held that offence under Section 315 of the Indian Penal Code has not been committed. In such circumstances, no ground for interference in the revisional jurisdiction, is made out. This criminal revision is dismissed. (AJAI LAMBA) JUDGE 12.9.2011 akm