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2023 Supreme(All) 1356

SHIV SHANKER PRASAD
Shiv Shankar Soni – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Bipin Kumar Tripathi.
For the Opposite Party : G.A., Manoj Kumar.

JUDGMENT :

(Shiv Shanker Prasad, J.)

1. This criminal revision under Section 397/401 Cr.P.C. has been filed by the revisionist with a prayer to quash the judgment and order dated 5th December, 2022 passed by the Additional Sessions Judge/F.T.C.-I (Crime Against Women), Gorakhpur in Special Case No. 2133 of 2022 (State of U.P. Vs. Shiv Shankar Soni), arising out of Case Crime No. 410 of 2022, 323, 504, 376 and 313 I.P.C., Police Station-Cantt. District-Gorakhpur, whereby the charges under Sections 376, 313, 323 and 504 I.P.C. have been framed against the accused-revisionist and also the prayer made on behalf of the revisionist before the trial judge for discharge has not been considered.

2. I have heard Mr. Bipin Kumar Tripathi, learned counsel for the revisionist, Mr. Manoj Kumar, learned counsel for opposite party no.2 and Mr. Ratnesh Kumar Singh, learned A.G.A. for the State.

Case of the Revisionist

3. Victim/informant/opposite party no.2 is a married lady and has developed physical relationship with the revisionist for a long period of four years with her own free will and without any pressure. The marriage of the victim/ informant was solemnized on 27.5.2015 with one Jay Singh and f

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