Sections 312 and
313 of the IPC read as under:
“312. Causing miscarriage.- Whoever voluntarily
causes a woman with child to miscarry, shall, if such ... fine.
Explanation.—A woman who causes herself to
miscarry, is within the meaning of this section.”
313. Causing miscarriage without woman's
consent.- Whoever
risk, and murder if Z. did not so
agree. If A causes miscarriage to Z., not intending
to cause Z.'s death, nor thinking ... will of course be liable to
the punishment provided for causing miscarriage.
It may be proper for us to offer some arguments in
defence
course, all these are
subject to rider whether they have caused
miscarriage of justice or prejudice.
24. In certain cases when there is perfunctory
examination ... prosecution evidence against him, a
prejudice has been caused resulting in miscarriage of
justice.
42
58. Insofar as present case is concerned, in his
statement
memo, site plan, recording
statements of witnesses by complainant himself
has caused miscarriage of justice to accused qua
fair investigation.”
21. A similar view ... been held that where the complainant himself
conducts investigation, it causes miscarriage of
justice to accused qua fair investigation.”
23. A Single Judge
justice, the High Court can
interfere with the order which causes miscarriage of justice
or is palpably illegal or is unjustified. [ Re. Madhu
Limaye
question and the dismissal of the application by
the Magistrate has caused miscarriage of justice to the
appellant.
On the other hand, the learned counsel
Union Of India And Another vs W.N. Chadha on 17 December, 1992
Equivalent citations
face of it appears to be erroneous and
such erroneousappreciation causes miscarriage of justice,
However, we are not delving further into the question since
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Equivalent citations: 2014 AIR SCW
biased being a company lawyer and had favoured the company in
causing miscarriage of justice. Departmental bias arises when the
functions of a Judge
