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2023 Supreme(UK) 323

SANJAYA KUMAR MISHRA
Kusumben Patel – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Amit Shukla
For the Respondent:Shri J.S. Virk, learned Deputy Advocate General, Shri Sagar Kothari

JUDGMENT :

Sanjaya Kumar Mishra, J.

By filing of this writ petition, the petitioner being an accused in FIR No. 310 of 2020, which was originally registered under Sections 376, 506 and 34 of the Indian Penal Code, 1860, (hereinafter referred to as “the Penal Code” for brevity) against one Dr. Pranav Pandya and Smt. Shailbala Pandya at Police Station Kotwali Nagar, Haridwar, Uttarakhand, in which a final report was filed by the Investigating Officer. However, the learned Magistrate, in seisen, did not accept the same and directed further investigation, which led to filing a charge sheet against seven other persons under Sections 323, 365, 368, 195, 504 and 120B. However, charge sheet has yet not been filed against the present petitioner and the investigation is still open as against her (She is a citizen of United States of America).

2. The petitioner has prayed that an impartial investigation may be conducted by independent agency, preferably the Central Bureau of Investigation (hereinafter referred to as “CBI” for brevity) and also issue a mandamus directing that no coercive steps against her shall be taken in pursuance to the FIR referred to above.

3. The facts of the case, at this s

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