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2026 Supreme(Online)(All) 1175

ALLAHABAD HIGH COURT
KARUNASHANKAR GUPTA – Appellant
Versus
STATE OF U.P. AND ANOTHER – Respondent


HIGH COURT OF JUDICATURE AT ALLAHABAD Karunashankar Gupta .....Revisionist(s)

Versus State of U.P. and Another .....Opposite Party(s)

Counsel for Revisionist(s) : Vinod Kumar Shukla Counsel for Opposite Party(s) : G.A.

Court No. - 86 HON'BLE SUBHASH CHANDRA SHARMA, J.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

This criminal revision has been filed against the order dated 17.03.2026 passed by learned Additional District and Sessions Judge, Fast Track Court First, Varanasi on an application u/s 227 Cr.P.C. for discharge in Session Trial No.864 of 2025 (State vs. Karunashankar Gupta) arising out of Case Crime No.504 of 2020, Police Station Bhelupur, District Varanasi,by which learned trial court has rejected the application for discharge.

It is submitted by learned counsel for the revisionist that in this case the F.I.R. was lodged by the victim herself but there was no allegation of commission of rape against the revisionist in the F.I.R. except an attempt to establish physical relations as a result F.I.R. was lodged under Sections 323, 406, 376/511 I.P.C. During the course of the investigation, the offence u/s 376/

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