DHIRENDRA KUMAR Vs. STATE OF U P

LAWS(ALL)-2017-9-229

HIGH COURT OF ALLAHABAD

Decided on September 04,2017

DHIRENDRA KUMAR Appellant

VERSUS

STATE OF U P Respondents

JUDGEMENT

Pankaj Naqvi, J. - (1.) Order on Impleadment Application Allowed. Learned counsel for the applicant is permitted to implead O.P.'s no. 2 to 8 in the present A-482 application.
(2.) Order on A-482 Application Heard Sri Raj Kumar Vaishya, learned counsel for the applicant, Sri Dileep Kumar, learned Senior Counsel assisted by Sri Amit Kumar Srivastava, learned counsel, who has filed his vakalatnama on behalf of O.P.s No. 4 to 7, and the learned A.G.A. This application challenges an order dated 10.8.2017 passed by the A.D.J, (Court No.10), Bareilly, rejecting an application under Section 311 CrPC (Paper no. 248 Kha), in S.T. No. 1051 of 2013.
(3.) Background FACTS: - An F.I.R, came to be lodged by the applicant, as Case Crime no. 10066 of 2013 under Section 376(2) (e) IPC on 16.7.2013 alleging that his daughter (victim) aged about 18 years was working as an attendant to one Dr. Shalini Maheshwari (accused) at Ganga Sheel Hospital, D.D. Puram, Bareilly; on 14.7.2013, while on duty, victim was called by Shiv Raj (accused), an attendant to one Dr. Nishant Gupta on the first floor for purpose of some work, thereafter Shiv Raj is alleged to have sexually assaulted the victim in a closed room, whereas co-accused Nar Singh attempted to sexually assault the victim. The victim was sent back in an injured state, who thereafter narrated her tale to her parents, the informant/ applicant called up Dr. Shalini Maheshwari, who immediately called the victim at the hospital, where her ultrasound was carried out, informant was also given an offer to keep his mouth shut, against payment of some money, but when he showed his resentment, accused are alleged to have extended life-threats. The informant attempted to lodge the F.I.R, on 15th July, but on account of life-threats, he did not come out, but after mustering courage, informant lodged the present F.I.R, alleging that Dr. Nishant (accused) was acting in collaboration with Dr. Shalini Maheshwari (accused), former was continuously extending life-threats, victim be subjected to medical examination and culprits be nabbed.;

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