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2018 Supreme(UK) 329

SUDHANSHU DHULIA
Jyoti Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sudhir Kumar, Advocate
For the Respondents:Mamta Joshi, Brief Holder and Lalit Sharma, Advocate

JUDGMENT :

Sudhanshu Dhulia, J.

1. These two petitions have been filed invoking the inherent powers of this Court under Section 482 CrPC. In both the criminal miscellaneous applications, the applicants have challenged the framing of charges against them pertaining to offences under Sections 504, 506, 420 and 389 IPC in Criminal Case No. 2607 of 2014, State v. Jyoti Singh & Another.

2. The facts of the case must be narrated first. Ms. Jyoti Singh, the accused/applicant in Criminal Miscellaneous Application No. 160 of 2018 above, had initially lodged an FIR herself against one Mr. Vivek Swarup (complainant in the present case) on 12.01.2014, at Police Station Haldwani, District Nainital, alleging offences under Sections 376, 328 and 354-D IPC. Her case was that Vivek Swarup S/o. Jagdish Narayan Srivastava, who at the relevant time was working as the Finance Officer in Mandi Samiti, Udham Singh Nagar, where the complainant (Ms. Jyoti Singh) was also employed, used to summon her frequently in his chamber. Being her superior, his orders were being obeyed. One day he took her to his house and offered her a cup of coffee which was 'spiked', and as a result she lost her consciousness, and was

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