Uttarakhand High Court
Smt. Ganga Siradi W/O Shri Harish Sirari vs State Of Uttarakhand on 30 April, 2012
Author: Prafulla C. Pant
Bench: Prafulla C. Pant
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Writ Petition No. 362 of 2012
1. Smt. Ganga Siradi W/o Shri Harish Sirari,
R/o Primary Health Center,
Kaladhungi, District-Nainital
.........Petitioner
Versus
1- State of Uttarakhand, through Principal Secretary
(Home), Government of Uttarakhand, Dehradun.
2- S.H.O., P.S. Haldwani, District-Nainital.
3- Shri Madho Singh Adhikari S/o Shri Jaimal Singh
Adhikari, R/o Village-Kaladhungi, Bandobasti, Police
Station-Kaladhungi, District-Nainital.
......Respondents
Mr. Lalit Sharma, Advocate, present for the petitioner.
Mr. S.S. Adhikari, A.G.A., present for the State.
Hon'ble Prafulla C. Pant, J.
Heard.
2) By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 19.04.2012 registered at police Station-Haldwani, as First Information Report no. 131 of 2012, relating to offences punishable under Section 420, 167, 198 of I.P.C. and under Section 15 of Indian Medical Council Act, 1956.
3) Learned counsel for the petitioner submitted that petitioner is an Auxiliary Nurse Midwife (ANM). It is 2 alleged by the complainant in the F.I.R., that his son was wrongly motivated for undergoing vasectomy. Learned counsel for the petitioner pointed out that complainant's son Rajendra Singh, aged 35 years and has two sons. He has not come forward to complain that he was wrongly pursuaded. It is further submitted that assuming for a moment that he was wrongly persuaded, the said allegation is against one ASHA worker, not against the petitioner. As such the ingredients of the offence alleged in the First Information Report are not made out as against the present petitioner.
4) Admit the petition. 5) Learned counsel for the State prays for and is allowed
six weeks time to file the counter affidavit.
6) Issue notices to respondent no. 3 Shri Madho Singh Adhikari, who may also file his counter affidavit within a period of six weeks.
7) Having considered submissions of learned counsel for petitioner, and learned counsel for the State, and after going through the papers on record, as an interim measure it is directed that petitioner namely Smt. Ganga Siradi shall not be arrested in connection with crime no. 131 of 2012 registered at police station Haldwani, during investigation, provided she co-operates with the investigating agency. (Stay application no. 3899 of 2012 stands disposed of).
8) List after six weeks.
(Prafulla C. Pant, J.)
30.04.2012
mamta