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2023 Supreme(UK) 397

SHARAD KUMAR SHARMA
Kanika – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Arvind Vashistha, Senior Advocate, assisted by Mr. Hemant Mehra, Advocate
For the Respondent: Mr. Pratiroop Pandey, AGA

JUDGMENT :

Sharad Kumar Sharma, J.

An FIR being FIR No.303 of 2021, stood registered against the present applicant, for her alleged involvement in the commission of the offences under sections 420, 120-B, 274, 275 and 276 of IPC, as well as under sections 17, 17(a), 17(b), 18A, and 27 of the Indian Drugs and Cosmetic Act, 1940 (in short hereinafter referred to as “Act”). Ultimately, the proceedings drawn thereof on the basis of the said FIR has reached the stage of session trial being Session Trial No.36 of 2021, “State Vs. Kanika”, and the same is being presently tried by the court of 2nd Additional District Judge. As far as this Court is concerned, we are not at all concerned with the proceedings of the sessions trial, which is being taken against the present applicant.

2. It is not in dispute between the parties that the subsequent complaint proceedings, which have been registered by the respondent no.2, in fact, it happens to be for the identical set of events, which has been already the subject matter of the FIR No.303 of 2021, on the basis of which the session trial is already pending consideration.

3. It has been argued by the learned counsel for the applicants, that the attempt

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