Guddi @ Mariyam Vs State of U.P. and Another

Court No. - 87

Case :- CRIMINAL REVISION No. - 2598 of 2014

Revisionist :- Guddi @ Mariyam Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anurag Pathak Counsel for Opposite Party :- Govt.Advocate

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Hon'ble Dinesh Kumar Singh,J.

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This revision has been filed under Section 397/401 Cr.P.C. against the impugned judgment and order dated 4.7.2014 passed by the learned Additional Session Judge, Court, No.1, Saharanpur in Sessions Trial No. 249 of 2013 arising out of Case Crime No. 73 of 2010 under Sections 363, 366, 376 IPC, P.S. Mandi, District Saharanpur whereby the accused-revisionist was summoned as an accused to Case Crime along with accused Amazad Fareedi

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The revisionist was though named in the FIR but the Investigating Officer did not find any evidence regarding her involvement in the commission of offence, therefore, closure report/final report was filed in favour of the revisionist. Chargesheet against co-accused Amazad Fareedi was filed under Section 376 IPC.

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After the evidence of P.W.1 was recorded, an application under Section 319 Cr.P.C. was filed on which the impugned order was passed.

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As per the counter affidavit, filed on behalf of the State, the trial of the co-accused Amazad Fareedi got concluded on 11th April, 2017 and he was punished for offence under Section 376 IPC for seven years rigorous imprisonment with fine of Rs. 3,000/-.

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Considering the aforesaid fact, this Court finds that sending the present revisionist for trial for an offence under Sections 366 and 120B IPC would be a futile exercise and thus the present revision is allowed.

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The Impugned order dated 4.7.2014 passed by the learned trial court is hereby set aside.

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Order Date :- 3.2.2023

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Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Guddi @ Mariyam v. State of U.P. and Another

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Guddi @ Mariyam v. State of U.P. and Another

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