Vipin Kumar @ Vipin v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko and 3 Others
Case brief
What is this about?
Section 482 application, Allahabad High Court Lucknow Bench, Court No. 16, decided 20.1.2025 by Justice Karunesh Singh Pawar. Applicant Vipin Kumar @ Vipin sought interference with complaint-case proceedings before the Special Judge (POCSO), Bahraich, arguing respondent no. 2 is his legally wedded wife, admitted as such in FIR No. 358/2022 (Sections 323/504/506 IPC, P.S. Murtiha, Bahraich), and that the subsequent complaint concealing her identity and the summons dated 01.07.2024 under Section 376 IPC and sections 3/4 POCSO were abusive and vindictive. Court: matter prima facie requires consideration; notice to opposite party no. 2; impugned order dated 01.07.2024 stayed till 04.03.2025. Keywords: POCSO, Section 376 IPC, summons stay, interim relief, abuse of process, Bahraich, marital identity concealment.
What did the court decide?
Interim stay of the impugned summons order dated 01.07.2024 passed by the Additional Sessions Judge/Special Judge, POCSO Act, Bahraich, until the next date of listing on 04.03.2025, with notice directed to opposite party no. 2; the application remains to be considered.