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2022 Supreme(UK) 51

RAVINDRA MAITHANI
Beena Goyal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramji Srivastava.
For the Respondent: Mr. Lalit Miglani, A.G.A. with Ms. Lata Negi, Brief Holder.

JUDGMENT :

Ravindra Maithani, J.

Challenge in this petition is made to the followings:-

    (i) The judgment and order dated 10.09.2021, passed in Criminal Revision No.242 of 2019, Smt. Beena Goyal vs. State of Uttarakhand and another, by the court of Sessions Judge, Dehradun and;

(ii) Cognizance and summoning order dated 21.05.2018, passed in Criminal Complaint Case No.2458 of 2018, State vs. Beena Goyal, passed by the court of Chief Judicial Magistrate, Dehradun (for short, “the case”).

2. Facts necessary to appreciate the controversy briefly stated are as follows. Private respondent Smt. Anjali Gupta lodged a report on 06.11.2017 at Police Station Patel Nagar, District Dehradun under Sections 323, 504 IPC. According to it, on that date, at 5 in the evening when the respondent/the informant was all alone in her house, the petitioner along with some other women assaulted and abused her. This report was lodged as a report of non-cognizable offences. Thereafter, the informant sought directions of the court for investigation of the report lodged by her under Section 155(2) of the Code of Criminal Procedure, 1973 (for short, “the Code”). It appears that the Magistrate issued the direction for

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