Suresh Kumar Gupta v. State of U.P. and 7 Others

Court No. - 82 Case :- CRIMINAL REVISION No. - 5791 of 2023 Revisionist :- Suresh Kumar Gupta Opposite Party :- State Of U.P. And 7 Others Counsel for Revisionist :- Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the revisionist and learned A.G.A. for the State. The instant criminal revision has been preferred against the judgement and order dated 19.8.2023 passed by the learned Special Judge (POCSO )Act/Additional Session Judge, Mirzapur in Misc. Case No. 335 of 2023 (Suresh Kumar Gupta vs. Shahjid and others) under Section 156(3) Cr.P.C., Police Station Kachwa, District Mirzapur whereby the court below has rejected the application moved by the complainant/revisionist. Learned counsel for the revisionist states that certain members of his family had received injuries. It has also been stated that the accused entered into the house and had outraged the modesty of the minor daughter Neha alias Mausam. On the other hand, the opposite parties with the collusion of police lodged a false and fabricated NCR No. 70 of 2023 under Sections 323, 504 IPC and also challenged the revisionist and his other family members under Section 107, 116, 151 Cr.P.C. In view of the above, the present revision stands disposed of with a direction to the revisionist to move a fresh application before the court below and the same shall be considered and decided in accordance with law, as expeditiously as possible, if there is no other legal impediment. Order Date :- 4.12.2023 Shivani High Court of Judicature at Allahabad