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Selling infants?
HC restrains police from arresting accused
12/18/2010 9:23:42 PM
EARLY TIMES REPORT
JAMMU, Dec:18:- Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing in a petition filed by Dr. Vishav Gupta and his wife Dr. Kamini Gupta against whom a criminal case has been registered by the Bakshi Nagar Police on the direction of CJM Jammu, has directed the police not to effect the arrest of petitioners till next date of hearing.
On November 17, 2005 Mrs. Indu Raina w/o Vinod Raina r/o Adarsh Nagar Barnai Road Jammu was brought to the nursing home by her husband and some other family members for delivery.
The lady was operated upon. She delivered two babies, one male and one female. According to the petitioner, the parents of baby handed over the female child to Shamshad Begum through Shanaz Begum in presence of all the staff members. Indu Raina was discharged from the nursing home on November 20, 2005. After a period of three years the petitioner No 1 received legal notice on May 31, 2008 from the counsel of Indu Raina alleging that the petitioner had concealed the fact with respect to the birth twin babies and deliberately shows that only a single male child was born. It was alleged that Dr. Vishav Gupta stolen the female baby and sold her to someone for money. Thereafter a complaint was filed in the Court of CJM Jammu, on the direction of CJM Jammu a case was registered u/s 342/361/363/368/34 against the accused.
The petitioners filed a petition in the State High Court seeking quashment of the said FIR. Justice Mansoor Ahmed Mir after hearing Advocate WS Nargal appearing for the petitioners issued notice to FC Home J&K, SHO P/S Bakshi Nagar Jammu and Mrs. Indu Raina returnable with four weeks and in the meanwhile subject to objections from other side and till next date of hearing, directed police not to effect the arrest of Dr. Vishav Gupta and his wife Dr. Kamini Gupta. However, they shall remain present before the IO as and when required.
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