1 2025:CGHC:39056-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1910 of 2022 Smt. Dr. Apurva Tiwari Bilse W/o Varun Bilse Aged About 35 Years Resident Of Doctors Colony, Ram Nagar, Dabaripara, Police Station Kotwali, District Bilaspur Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bodla, District Kabirdham Chhattisgarh 2 - Smt. Madhu Sahu W/o Satish Sahu Resident Village Karesara, Police Chowki Pondi, Police Station Bodla, District Kabirdham Chhattisgarh. Presenty R/o Village Sukhataal, P.S. Bodla District Kabirdham. Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Gagan Tiwari, Advocate For State : Mr. Soumya Rai, PL For Respondent No. 2 : Ms. Renu Kochar, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 06/08/2025 1. The present Criminal Miscellaneous Petition, instituted under Section 482 of the Code of Criminal Procedure, is seeking for the following prayer:- RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.08.06 18:59:40 +0530 2 “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the First Information Report and supplementary charge sheet submitted before the competent Court by Police of Police Station Bodla, District Kabirdham in Crime No. 93/2019 and the subsequent criminal proceedings pending before the Additional Sessions Judge District Kabirdham (Kawardha) (C.G.) in S.C. No. 65/2019 with respect to petitioner, in the interest of justice.” 2. Facts of the case are that the petitioner holds a degree of MBBS and a Diploma in DGO (Obstetrics & Gynecology), and is registered with the Chhattisgarh Medical Council under Registration No. CGMC- 7303/2017. Pursuant to her registration, she was rendering services as a doctor at Mahadeva Super-Specialty Hospital, Bilaspur. The respondent No.2/complainant, who is married to Satish Sahu since 22-04-2018, lodged a written complaint before the police on 23-03-2019 alleging that she was subjected to harassment by her husband and in-laws for bringing insufficient dowry, and further alleged that the foetus she was carrying was illegally aborted by her in-laws at Mahadeva Super-Specialty Hospital, Bilaspur. Based on her complaint, Crime No. 93/2019 was registered and a charge sheet was filed on 12-12-2019 against her husband, mother-in-law, father-in-law, and brother-in-law before the competent court. Subsequently, upon further investigation, a supplementary charge sheet was filed against the petitioner and two hospital employees on 28-04-2022 giving rise to the present petition. 3. Learned counsel for the applicant would submit that the registration of offence, filing of charge sheet, and continuation of criminal proceedings 3 against the petitioner is a clear abuse of process and misuse of authority by the police. The petitioner, a qualified medical practitioner, has been wrongly implicated despite the absence of essential ingredients constituting the alleged offence. From the medical records, it is evident that the petitioner, in good faith and in discharge of her professional duty, performed Dilatation and Curettage (D&C) to save the life of the patient suffering from severe uterine hemorrhage caused by prior termination of pregnancy. The procedure was medically necessary and not an act of Medical Termination of Pregnancy (MTP), as wrongly concluded by the investigating agency. Learned counsel would further submit that the investigation has been conducted in a mechanical and arbitrary manner, without proper appreciation of the medical documents on record. The documents attached with the charge sheet themselves establish the petitioner's bona fide action, yet she has been needlessly drawn into a criminal case involving serious allegations. The continuation of proceedings under such circumstances amounts to a grave miscarriage of justice, and therefore, the entire criminal proceedings including the FIR and charge sheet deserve to be quashed. 4. Per contra, learned counsel appearing for the State would submit that the supplementary charge sheet has been filed based on material collected during a fair and proper investigation. Hence, no ground is made out for quashing under Section 482 CrPC. The petition deserves to be dismissed. 5. We have heard learned counsel for the parties and perused the pleadings. 4 6. Having considered the submissions of both parties, the material on record, and the nature of allegations against the petitioner, this Court is of the opinion that the continuation of criminal proceedings against the petitioner who is a qualified medical practitioner acting in discharge of her professional duties amounts to an abuse of process of law. The medical documents placed on record prima facie support the petitioner’s bona fide action, and there is no material indicating any criminal intent on her part. 7. Accordingly, the Criminal Miscellaneous Petition is allowed. The FIR in Crime No. 93/2019 registered at Police Station Bodla, District Kabirdham, the supplementary charge sheet dated 28-04-2022, and the subsequent criminal proceedings pending before the Additional Sessions Judge, Kabirdham in S.C. No. 65/2019, insofar as they relate to the petitioner, are hereby quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri