Piyush Gupta vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Piyush Gupta vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application for interim relief allowed: notice to opposite party No.2 through C.J.M. returnable within two weeks; further proceedings of Session Trial No.2827 of 2023 (State Vs. Piyush Gupta), case crime No.520/2022, PS Gudamba, pending before Additional Sessions Judge-8, Lucknow, stayed till the next date of listing on 20.5.2025; final disposal of the revision deferred.

Issue for consideration

Whether the trial court correctly rejected the revisionist's application for discharge notwithstanding the complainant's admitted physical relationship, claimed marriage and consensual sexual relations with the revisionist.

Court's answer

From the entire material available on record there are clear admissions by the complainant with regard to physical relationships, her marriage with the revisionist, and consensual sexual relationship.

Ratio / Principle

The grounds raised by the revisionist were rejected by the trial court, which relied only upon the assertions made by the complainant in her complaint; in light of this the matter requires consideration.

Key takeaways

Further proceedings of Session Trial No.2827 of 2023 (State Vs. Piyush Gupta), pending before Additional Sessions Judge-8, Lucknow, shall remain stayed till the next date of listing (20.5.2025).ratio¶¶16
Notice was directed to be issued to opposite party No.2 through the concerned C.J.M., returnable within two weeks, with steps to be taken within a week and the matter listed on 20.5.2025.ratio¶¶13

Detailed headnote1 paragraphs

Criminal Revision No. 419 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Alok Mathur, J.), order dated 17.4.2025. The revisionist challenged the order dated 20.1.2025 of Additional District and Sessions Judge, Court-8, Lucknow rejecting his discharge application in Sessions Trial No.2827 of 2023 (arising out of case crime No.520/2022 under Sections 377, 504, 506 IPC, police station Gudamba, Lucknow). The FIR (dated 3.12.2022, initially invoking Sections 493, 377, 313, 328, 504 and 506 IPC) was lodged by opposite party No.2, a tenant in the revisionist father's property, alleging a claimed marriage and prolonged consensual relationship with the revisionist, pregnancy disclosed under Section 164 Cr.P.C., and unnatural sex. Observing clear admissions by the complainant regarding the physical relationship, the claimed marriage and consensual sex, and that the trial court had relied solely on her assertions, the court found the matter to require consideration, issued notice to opposite party No.2 through the C.J.M. (returnable within two weeks), and stayed further trial proceedings till the next listing on 20.5.2025.

Court No. - 12

Case :- CRIMINAL REVISION No. - 419 of 2025

Revisionist :- Piyush Gupta

Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

Counsel for Revisionist :- Uma Kant Mishra,Ashish Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri Uma Kant Mishra, learned counsel for the revisionist as well as learned A.G.A. on behalf of the State.

The The revisionist has pressed the application for interim relief.

By means of the present revision the revisionist has assailed the validity of the order dated 20.1.2025 passed by Additional District and Sessions Judge, Court-8, Lucknow wherein the application for discharge moved by the revisionist has been rejected.

It has been submitted on behalf of the revisionist that a first information report was lodged by opposite party No.2 at police station Gudamba, District Lucknow under Sections- 493, 377, 313, 328, 504 and 506 IPC against the revisionist, his brother and mother on 3.12.2022. In the said first information report it was stated that the complainant i.e. opposite party No2 was a tenant in the property owned by father of the revisionist. The complainant was previously married and also had a child from the previous marriage and had stated that that she had been divorced from her previous husband. During the stay in the said premises she developed consensual physical relationship with the revisionist for substantial long length of time and during this period she also became pregnant as disclosed by her under Section 164 of Cr.P.C. It was further stated that the revisionist and opposite party No.2 had got married and has also lived with each other as husband and wife but it seems that the revisionist did not agree with the said marriage and also did not consider the complainant as his wife which seems to be the point of dispute between the petitioner and the complainant on the basis of which the first information report has been lodged. In the first information report there are allegations of unnatural sex having been committed by the revisionist on the complainant.

From the entire material available on record, there is clear admissions by the complainant with regard to physical relationships and also with regard to the fact that she has

married with the revisionist and also that they had consensual sexual relationship. The said ground raised by the revisionist were rejected by the trial court which relied upon only on the assertions made by the complainant in her complaint. In light of the above, the matter requires consideration.

Issue notice to opposite party No.2 through C.J.M. concerned returnable within two weeks.

Steps be taken within a week.

List on 20.5.2025.

Till the next date of listing, further proceedings of Session Trial No.2827 of 2023 (State Vs. Piyush Gupta) arising out of case crime No.520/2022 under Sections 377, 504, 506 IPC, police station Gudamba, District Lucknow pending in the court of Additional Sessions Judge-8, Lucknow shall remain stayed.

(Alok Mathur, J.)

Order Date :- 17.4.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench