SHIV SHANKER PRASAD
Shiv Shankar Soni – Appellant
Versus
State of U. P. – Respondent
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
Maheshwar Tigga Vs. State of Jharkhand reported in 2020 (0) Supreme(SC) 561
Ratilal Bhanji Mithani Vs. State of Maharastra and others reported in (1979) 2 SCC 179
Bharat Parikh Vs. C.B.I. and another reported in (2008) 10 SCC 109
Hardeep Singh Vs. State of Punjab
Sheoraj Singh Ahlawat v. State of U.P. (2013) 11 SCC 476 : (2012) 4 SCC (Cri) 21 : AIR 2013 SC 52
Onkar Nath Mishra v. State (NCT of Delhi)
Dilawar Balu Kurane v. State of Maharashtra
R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716 : 1986 SCC (Cri) 256
Union of India v. Prafulla Kumar Samal
State of Orissa v. Debendra Nath Padhi
Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijjaya
Supt. & Remembrancer of Legal Affairs v. Anil Kumar Bhunja
Union of India v. Prafulla Kumar Samal
Ratilal Bhanji Mithani Vs. State of Maharastra and others reported in (1979) 2 SCC 179
Bharat Parikh Vs. C.B.I. and another reported in (2008) 10 SCC 109
State through C.B.I. New Delhi Vs. Jitendra Kumar Singh reported in (2014) 11 SCC 724
Bhawna Bai Vs. Ghanshyam and others
Amit Kapoor v. Ramesh Chander and another (2012) 9 SCC 460
State of Bihar v. Ramesh Singh (1977) 4 SCC 39
State of Tamil Nadu Vs. N. Suresh Rajan And Others (2014) 11 SCC 709
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