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2014 Supreme(UK) 403

U.C.DHYANI
Mukta Mehra – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Sudhir Singh, Advocate present for the petitioner-Mukta Mehra in Crl.WP no.1047/2013.
Mr. Arvind Vashistha, Advocate present for the petitioner-Pramendra Dobal in Crl.WP no.1130/2013.
Mr. D. K. Sharma, Additional Advocate General assisted by Mr. S. S. Adhikari, Brief Holder for the respondent State.

Judgment :

1. An application for grant of euthanasia was given by the petitioner of Criminal Writ Petition No.1047 of 2013 (hereinafter referred to as the ‘victim’) to Hon’ble Chief Justice of the Supreme Court of India, a copy of which was given to Hon’ble Chief Justice of this Court. Such an application dated 17.06.2013 was registered as Criminal Writ Petition no.1047/2013. Counter affidavits were filed by the Director General of Police, Uttarakhand, as also by respondent no.6 (Pramendra Dobal) and the Investigating Officer.

2. The Assistant Superintendent of Police allegedly committed rape with the victim. An FIR (being case crime no.259/2013) was lodged against the accused under Sections 328, 376 & 506 IPC. The investigation was entrusted to CBCID. It was also stated in the petition that the accused used his mobile phone to send indecent and obscene SMS to her. He also sent SMS to the victim tendering apology for his guilt and for pardoning him taking a plea that he has wife and a child. Since the victim has not been able to get justice and the Government as well as the Police Department was saving the accused, therefore, she prayed for granting euthanasia by way of filing appl


































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