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2016 Supreme(UK) 533

SERVESH KUMAR GUPTA
Ganga Sirari – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicants : Mr. Ravi Joshi and Mr. Rahul Consul.
For the Respondents: Mr. S.S. Adhikari and Mr. Siddhartha Bisht.

JUDGMENT :

Servesh Kumar Gupta, J.

1. Urgency application (IA 4536/2016) is allowed. The matter is heard finally on merit.

2. As per the prosecution story, the victim is an unmarried youth and he was allegedly sterilised and put under vasectomy under the signatures of accused applicant.

3. Having considered the arguments advanced by learned counsel for the parties; perusal of the papers available on record, in view of the fact that the Investigation Officer, after duly investigating into the matter, has filed the charge-sheet against the petitioner and other co-accused, which inspires confidence and on the basis of which the impugned proceedings are going on, I am of the view that a prima facie case against the applicant/ petitioner for the alleged offence is made out and, therefore, the impugned order, charge-sheet and the ongoing trial against the applicant warrant no interference by this Court.

4. The powers possessed by the High Court under Section 482 CrPC are very wide, but the plentitude of the power requires great caution in its exercise. Courts must be careful to see that its decision in exercise of this power is based on sound principles.

5. The scope of Section 482 CrPC has be



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