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2025 DAILYLAW 189562 (ALL)

KAMRAN v. STATE OF U.P. AND 3 OTHERS

CRLR/6440/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6440 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist and learned AGA for the State. 2. The instant criminal revision has been filed by the revisionist against the impugned order dated 13.8.2025 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No.3, Meerut rejecting the discharge application in Sessions Trial No.1668 of 2024 (State vs. Kamran) arising out of Case Crime No.347 of 2024 under Sections 376, 323, 506 IPC and Section 3/4 POCSO Act, Police Station- Kithore, District-Meerut. 3. Learned counsel for the revisionist has submitted that the age of the victim was 20 years at the time of the marriage and whatever the offence, if any, is made out, it could not exceed under Section 498-A IPC. 4. On perusal of the FIR, the age of the victim is mentioned as 16 years, therefore, she is minor and the offence alleged under Section 376 IPC and under Section 3/4 POCSO Act alleged to be took place, if any, prior to the said marriage, if any. 5. After completion of investigation, the charge-sheet has been filed only against the single accused and all the family members of the accused has already been exonerated. The learned trial court has specifically mentioned in the impugned order that the age of the victim in the FIR is 16 years, which is supported by the statements of the victim under Versus Counsel for Revisionist(s) : Pankaj Bharti Counsel for Opposite Party(s) : G.A. Kamran .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) Sections 180 and 183 B.N.S.S. and as per the school-certificate, the date of birth of the victim is 7.9.2007. Prima facie, the age of the victim is approximately 16-17 years. At the stage of the criminal revision, no final finding about the facts could be given. 6. There is no illegality or irregularity in the impugned order. Hence, the instant criminal revision is liable to be dismissed at the stage of admission.. 7. It is dismissed, accordingly. October 15, 2025 LN Tripathi CRLR No. 6440 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad