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2024 Supreme(UK) 203

RAVINDRA MAITHANI
Kirti Bhushan Mishra – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aditya Singh.
For the Respondents: Saurabh Pandey, Navneet Kaushik.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. The challenge in this petition is made to the charge-sheet and summoning order dated 08.04.2019, passed by the court of FTC/Additional Sessions Judge/Special Judge (POCSO) Haridwar, in Special Sessions Trial No. 48 of 2019, State Vs. Dr. Kirti Bhushan Mishra (“the case”), under Section 377 IPC and Section 11/12 of the Protection Of Children From Sexual Offences Act, 2012 (“the POCSO Act”), which is based on FIR No. 97 of 2017, under Section 377 IPC and Sections 11/12 of the POCSO Act, Police Station Kotwali Roorkee, District Haridwar.

2. Heard learned counsel for the parties and perused the record.

3. The case is based on an FIR, lodged by the respondent no. 2 against the petitioner. According to the prosecution case, the petitioner and the respondent no. 2 were married on 08.12.2010. But, after marriage, the petitioner continued committing carnal intercourse against the order of nature with the respondent no. 2, due to which, she sustained serious internal injuries with bleedings. But, the petitioner continued anal sex with her. The respondent no. 2 was to be admitted in one Harihar Hospital Balangir. Even thereafter, the petitioner did not stop doi

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