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2024 Supreme(All) 475

SIDDHARTH, VINOD DIWAKAR
Ravi – Appellant
Versus
State Of UP – Respondent


Advocates Appeared:
For the Petitioner: Ashwani Kumar Pathak

JUDGMENT :

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.G.A. for the State respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned Notice dated 31.01.2024 issued by Additional District Magistrate-Administration, District-Gorakhpur, in case no.-D 202305310002546, under Section 3/4 of U.P. Control of Goondas Act,( State Vs. Ravi), Police Station-Khajni, District-Gorakhpur.

3. The petitioner has been implicated in this case under section 3/4 of U.P. Control of Goondas Act because of his implication in case crime no. 340 of 2022, under sections-363, 366, 376, 120-B IPC and 3/4 POCSO Act, Police Station- Khajni, District- Gorakhpur.

4. Learned counsel for petitioner has submitted that the above case was registered against the petitioner when he had consenting relationship with the victim. She left her house on her own and married the petitioner at Mumbai. In her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., she claimed herself to be major and clearly stated that the petitioner never used any force against her. She has stated that she wanted to live with the petitioner. Petitione

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