Rinki v. State of U.P. and Another
Case brief
What is this about?
Informant in a POCSO/rape trial sought to discontinue prosecution after marrying the accused; her Section 311 application had been dismissed by the trial court. Court granted two weeks' time and stayed further proceedings until the next date of listing.
What the court decided
A compact analysis
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Court No. - 86
Case :- CRIMINAL REVISION No. - 2564 of 2024
Revisionist :- Rinki Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Atul Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the revisionist. learned counsel for the opposite party No.2 and learned AGA for the State.
Instant criminal revision has been preferred against the impugned order dated 6.3.2023, passed by Additional Sessions Judge (Rape and POCSO Act), Court No.2, Fatehpur in Special Session Trial No.642 of 2014 (State of UP vs. Raj Karan Raidas), under Sections 376, 504 IPC and Section 4 of POCSO Act, Police Station Malwan, District Fatehpur, whereby the application filed by the revisionist/informant under Section 311 Cr.P.C. was dismissed by the learned trial court.
Learned counsel for the revisionist submits that the revisionist and the accused have solemnized marriage during passage of time and they are blessed with three children by their matrimonial alliance. The revisionist is no longer inclined to prosecute the accused.
Learned counsel for the revisionist prays for and is granted two weeks time.
List this case as fresh on 7.1.2025.
Issues for consideration
1 issue framed by the court
Whether the trial proceedings under Sections 376, 504 IPC and Section 4 POCSO Act may be stayed while the informant, now married to the accused, withdraws prosecution?
Parties & counsel
- petitioner
Rinki
- respondent
State of U.P.
- respondent
Raj Karan Raidas
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- CRLR/2564/2024
All orders in this case
5 orders share this CNR
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