Uttarakhand High Court
C482/2068/2023 on 17 October, 2023
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
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C482 No.2068 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. H.C. Pathak, learned counsel for the applicant.
Mr. S.C. Dumka, learned Assistant Government Advocate for the State.
On going through the FIR, as it was registered by the complainant/ respondent no.2 for the offences under Sections 354C, 509, 34 of the IPC, the applicant was not named as an accused person. But her name is shown to have figured when the Chargesheet no.29 of 2022 dated 04.04.2022 has been submitted by the Investigating Officer, wherein it was contended that the applicant was involved in the commission of offence.
Though, in accordance to the contents of the FIR and the chargesheet, no specific role could be said to be assigned to the present applicant in commission of offence complaint of, who is a medical practitioner.
Apart from the fact, that if the FIR is taken into consideration, in fact, if, at all, the allegation is made out, it could be as against the Lab Assistant and the Nurse, who was attending her.
Since there is no apparent case, which is made out against the present applicant for her involvement in commission of offences under Sections 354C, 509, 109, 269, 34 of the IPC, summoning order dated 26.07.2023 issued against the present applicant by the Chief Judicial Magistrate, Almora in Criminal Case No.696 of 2023, "State Vs. Vinita Joshi and Others" would be kept in abeyance qua the present applicant only.
(Sharad Kumar Sharma, J.) 17.10.2023 Sukhbant