MUKTA MEHRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) AN application for grant of euthanasia was given by the petitioner of Criminal Writ Petition No.1047 of 2013 (hereinafter referred to as the 'victim') to Hon'ble Chief Justice of the Supreme Court of India, a copy of which was given to Hon'ble Chief Justice of this Court. Such an application dated 17.06.2013 was registered as Criminal Writ Petition no.1047/2013. Counter affidavits were filed by the Director General of Police, Uttarakhand, as also by respondent no.6 (Pramendra Dobal) and the Investigating Officer.

(2.) THE Assistant Superintendent of Police allegedly committed rape with the victim. An FIR (being case crime no.259/2013) was lodged against the accused under Sections 328, 376 and 506 IPC. The investigation was entrusted to CBCID. It was also stated in the petition that the accused used his mobile phone to send indecent and obscene SMS to her. He also sent SMS to the victim tendering apology for his guilt and for pardoning him taking a plea that he has wife and a child. Since the victim has not been able to get justice and the Government as well as the Police Department was saving the accused, therefore, she prayed for granting euthanasia by way of filing application to the Hon'ble Chief Justice of the Supreme Court of India, a copy of which was given to the Hon'ble Chief Justice of this Court.

(3.) BY order dated 14.05.2013 passed by the Director General of Police, the investigation of the case was transferred to CBCID, who, after conducting investigation of the case, submitted a final report on 31.12.2013. Since then the final report is pending disposal before the Magistrate concerned. The departmental enquiry was conducted by the Superintendent of Police, who submitted his report on 29.01.2013 to the Deputy Inspector General of Police, Kumaon Region, Nainital. Although, the accused was censured for his misconduct, but the offence of sexual assault was not found proved against him. The Investigating Officer of CBCID filed a final report against the accused, primarily on the ground that the victim's location on the date and time of the alleged incident was at her own house at Rampur Road, Haldwani.