SHIVAM Vs. STATE OF U. P.

JUDGEMENT

(1.) The present application under 528 B.N.S.S./482 Cr.P.C. has been filed with the following prayer: "Wherefore, it is most respectfully prayed that impugned order dtd. 1/2/2025 passed by the Learned court of Additional District and Sessions Judge/FTC-2, Lucknow in Session Trial No.2321 of 2024 (State vs. Shivam Tripathi), arising out of Case Crime No.270/2024, under Sec. 376 IPC registered at Police Station- Ghazipur, District Lucknow, whereby discharge application of the applicant has been dismissed and the consequential proceedings may kindly be quashed/set-aside."

(2.) Learned counsel for applicant has submitted that the impugned order dtd. 1/2/2025 passed by the Additional District and Sessions Judge/FTC-2, Lucknow rejecting the discharge application of the applicant, is a cryptic order and against the law settled by the Hon'ble Supreme Court.

(3.) It is further submitted that the respondent No.2 has lodged an FIR dtd. 23/6/2024 under Sec. 376 IPC against the applicant and as per the prosecution story that by making a promise for marriage the applicant had developed illicit relation with the complainant/prosecutrix and on 26/5/2024 forcibly made a physical relation by calling her to his rented house at around 8.00 pm.