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2019 Supreme(UK) 458

SUDHANSHU DHULIA
Sushma Das – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Revisionists :Mr. Virendra Sharma, Advocate
For the Respondent: Mr. J.S. Virk, AGA with Ms. Mamta Joshi
For the Complainant :Mr. Pankaj Kumar, Advocate

JUDGMENT :

This criminal revision has been filed by the accused/revisionists against the order dated 07.07.2018 passed by the learned Third Additional Sessions Judge, Dehradun, by which their application for discharge was considered (in terms of Section 227 of CrPC), and dismissed.

2. Brief facts of the case are that a first information report was lodged by the Station House Officer, Doiwala at Police Station Doiwala, Dehradun on 11.09.2017, which was registered as Case Crime No. 256 of 2017 under Sections 420, 120-B, 342, 370 (1) of IPC and Sections 18, 19 and 20 of the Transplantation of Human Organs and Tissues Act, 1994 (from hereinafter referred to as “TOHO”), inter alia, against the present revisionists.

3. The FIR discloses that the SHO got information at about 02:20 am on 11.09.2017 that in Gangotri Charitable Hospital (run in the premises of Uttaranchal Dental Institute Complex), a criminal activity of removal of kidney (for its transplantation elsewhere), is being carried out. The FIR further states that four persons have already been sent to Delhi for enquiry, and he has received information from the Haridwar Police that some of the persons who had their kidney removed in t

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