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5. Learned counsel appearing for the petitioners submits that it is a case where a prima facie perusal of entire contents of the charge sheet would reflect that there is no iota of evidence in the case diary by which the offence under Section 313 IPC could have been registered against the petitioners. It is next submitted that for bringing home the offence under Section 313 IPC, the necessary ingredients would be as is reflected in Section 312 IPC where causing miscarriage has been defined. If an act on the part of the petitioners has been done in good faith for the purpose of saving the life of woman, the same would not fall within the ambit of having caused miscarriage. Referring to the document in the charge sheet, counsel for the petitioners submits that the statement of the doctor as well as the medical prescriptions given by the qualified medical practitioners by which it can be safely inferred that there was no act on the part of the petitioners intending to cause miscarriage. According to petitioners, there was no allegation whatsoever against any of the petitioners of any overt act on their part which could attribute themselves of having imparted something to the victim which must have caused or resulted in the miscarriage.

8. The other ground of challenging registration of offence under Section 313 IPC is the fact that in the entire case diary there is no allegation against any of the petitioners using force against the complainant with an intention of causing miscarriage to the carrying mother. There is no allegation of any force used or any overt act done or any insertion of medicine by the petitioners, and thus, the offence under Section 313 IPC is not made out at all.