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2025 DAILYLAW 63359 (ALL)

SMT. NETA @ GEETA AND 2 OTHERS v. State of UP AND ANOTHER

CRLR/4889/2024 · 2025-08-20

Nalin Kumar Srivastava

body2025

Judgment text

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Court No. - 86 Case :- CRIMINAL REVISION No. - 4889 of 2024 Revisionist :- Smt. Neta @ Geeta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Case called out. Learned counsel for the revisionists and learned A.G.A. for the State are present. None responds for the opposite party no.2 despite service of notice. 2. It is submitted by learned counsel for the revisionists that the present revision has been filed against the order dated 19.01.2024 passed by Special Judge (POCSO Act), Rampur in Special Case No.48 of 2022 (State Vs. Smt. Neta @ Geeta and others) arising out of Case Crime No.109 of 2022 under Sections 368 IPC and 16/17 POCSO Act, Police Station Ganj, District Rampur whereby the discharge application filed by the revisionist has been rejected by the learned trial court. 3. Learned A.G.A. opposed the revision. 4. It appears from the perusal of the impugned order dated 19.01.2024 that charges in this matter have already been framed against the revisionist under Sections 363 IPC and 17 POCSO Act. 5. It was fairly conceded by the learned counsel for the revisionist that the trial is going on in the matter and the evidence of the witnesses are being recorded. 6. In these circumstances, when the charges have already been framed and trial is going on, there was no justification to file discharge application before the court. 7. Revision is dismissed. Order Date :- 21.8.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad