NEEMA RAKHOLIYA W/O SHRI VISHAN DATT RAKHOLIYA, R/O JHALUWAJALA KHAM, POLICE STATION-KALADHUNGI, DISTRICT NAINITAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-5-3
HIGH COURT OF UTTARAKHAND
Decided on May 03,2012

NEEMA RAKHOLIYA W/O SHRI VISHAN DATT RAKHOLIYA, R/O JHALUWAJALA KHAM, POLICE STATION-KALADHUNGI, DISTRICT NAINITAL Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) HEARD.
(2.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of First Information Report dated 19.04.2012, registered as F.I.R. No.131 of 2012, relating to offences punishable under Section 420, 167 and 198 of I.P.C., and one punishable under Section 15 of Indian Medical Council Act, 1956, Police Station Haldwani, District Nainital. 2 It is alleged in the First Information Report by the complainant that his son was wrongly persuaded by the petitioner to undergo vasectomy. Learned counsel for the petitioner submitted that complainant's son, who underwent vasectomy, was 35 years old person, who has two male living children. In the circumstances, it cannot be said that complainant's son was wrongly persuaded to undergo vasectomy. The petitioner is ASHA worker. It is also submitted that complainant's son has not complained that he was wrongly persuaded. It is contended that ingredients of the alleged offences are not made out against the petitioner.
(3.) ADMIT the petition. Learned counsel for the State prays for and is allowed six weeks' time to file the counter affidavit.;


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