SUMEET SOFAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The revisionist before this Court is an accused, facing the trial for commission of an offence under Section 376, 377 IPC, which is pending considerations before the Sessions Court as of now, by way of Sessions Trial No. 228 of 2010, State v. Sumeet Sofat, in pursuance to the orders passed by the co-ordinate Bench of this Court in C482 Application No. 148 of 2019, as rendered on 26th July 2019.

(2.) The brief genesis of the controversy, which emerges for consideration for this Court is, that the present revisionist (in person) earlier has invoked the jurisdiction of Section 482 of the Code of Criminal Procedure by filing a Criminal Application, before this Court being C482 No. 148 of 2019, Dr. Sumeet Sofat v. State of Uttarakhand, which the revisionist had invoked feeling himself aggrieved by the order dated 3rd December 2018, by virtue of which the amicus, which was provided to him, has withdrawn himself from the proceedings before the Court below. Thus his case was that by the said order, he was deprived of any legal aid to put up his case in defence, and that despite request no legal aid by way of appointment of Amicus Curiae was provided to him. As a consequence thereto, when the challenge was given under the said premise, that consequential effect of withdrawal of amicus would deprive him of his opportunity to defend his case the co-ordinate Bench of this Court, by way of an interim arrangement by an order dated 28th January 2019, had stayed the proceedings of the Sessions Trial No. 288 of 2010, State v. Dr. Sumeet Sofat and another, pending before 5th Additional Sessions Judge, Dehradun.

(3.) While the said C482 Application, as aforesaid was pending consideration, the matter yet again came up for consideration before the another co-ordinate Bench of this Court, and the another co-ordinate Bench of this Court, had issued the following directions vide its judgement/order dated 26.07.2019, following wider directions were issued:-