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Madhya Pradesh High Court · body

1978 DIGILAW 67 (MP)

State of M. P. v. Raj

1978-01-24

R.L.MURAB

body1978
Short Note : 1. This reference under section 438, Criminal PC (1898) is by ASJ Shivpuri with recommendation to quash the charge framed against the non-applicant Dr. Raj, under section 201 IPC. Held : In this reference the learned Addl. Sessions Judge for various reasons which are to be found from record was of the opinion that it is not a fit case where the charge under section 201 IPC ought to have been framed against the non-applicant Dr. Raj. Amongst other things, the learned Addl. Sessions Judge found that in fact the Police had itself seized the entry register from the dispensary of non-applicant Dr. Raj, regarding treatment of Mst. Shanti. In this register full particulars of the treatment to the patient were given. The learned Addl. Sessions Judge then stated that had non applicant an intention to cause disappearance of the evidence of the commission of any offence he would not have made such full entries in his register. The ingredients of the offence did not appear against the non-applicant from evidence on record. The charge could not have been framed by mere inferences. 2. In the result, the reference (revision) is accepted. The charge framed under section 201 IPC against non-applicant Dr. Raj is quashed. Reference accepted.