LAWS(UTN)-2020-1-41

GEETA Vs. STATE OF UTTARAKHAND

Decided On January 06, 2020
GEETA Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicant has prayed for B/2010, pending in the Court of 2nd Additional Sessions Judge Rudrapur, under Sections 363 and 366 of IPC, arising out of FIR No. 451 of 2010, registered at P.S. Rudrapur.

(2.) Learned counsel for the applicant submits that the applicant is pregnant of about eight months and she is staying at Delhi with her husband. He further submits that on the basis of the statement given by the prosecutrix as well as the Investigating Officer another co-accused with similar role has been acquitted by the Sessions Court.

(3.) Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that the power available to High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.