SHAMIMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Pratish Upadhyay, Advocate holding brief of Sri Kali Charan Yadav, learned counsel for the revisionists and learned A.G.A. appearing for the State.

(2.) The instant Criminal Revision arises out of an order dated 03. 02.2024 passed by the learned Additional Sessions Judge/Special Judge (P.O.C.S.O. Act), Basti in Special Sessions Trial No. 2800039 of 2016 (State Vs. Mohit and Others) whereby, the revisionists' application filed under Sec. 227 Cr.P.C. for discharge had been rejected.

(3.) Facts of the case, in brief, are that an F.I.R. was lodged under Ss. 363, 366 I.P.C. and Sec. 7/8 of P.O.C.S.O. Act in Police Station, Parasrampur, District Basti which was registered as Case Crime No. 554 of 2015. In the F.I.R., wife of Hamid Ali i.e. Safia alias Shafiqun Nisha, Mohid, Gyasuddin, Shariffuddin @ Babbu, Irshad, Mehsar, Samima, Taudeen, Bauhar and Gasili were named and it was alleged that they enticed Razia Khatoon and kidnapped her. The alleged victim, Razia Khatoon and others filed a Criminal Misc. Writ Petition No. 19293 of 2015 (Rajiya Khatoon and Others Vs. State of U.P. and Others), wherein Rajiya Khatoon claimed that she is major and is living with the main accused Taudeen and a Division Bench of this Court passed an order on 10/8/2015 whereby it was provided that the accused/petitioners shall not be arrested till submission of the police report under Sec. 173(2) Cr.P.C. The police filed charge-sheet under Sec. 173 (2) Cr.P.C. and arrested the main accused Taudeen, Gyasuddin and Safia alias Shafiqun Nisha.