Hon'ble High Court dismissed Criminal Revision No. 1710 of 2003 at the stage of admission. The court found no merit, jury of no jurisdictional error, and held no purpose in pending an undismissible case.
The criminal revision was dismissed at the stage of admission.
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Court No. - 41
Case :- CRIMINAL REVISION No. - 1710 of 2003
Revisionist :- Mohd. Rizwan Opposite Party :- State Of U.P. Counsel for Revisionist :- R.K. Sharma Counsel for Opposite Party :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
None is present on behalf of revisionist even in the revised list. Heard learned AGA for the State and perused the record.
This criminal revision has been preferred by Mohd. Rizwan against order dated 26.5.2003 passed by Sessions Judge, Ghaziabad in Appeal No.18 of 2003 under Section 304, 498-A IPC, Police Station Masoorie whereby appeal was disposed of with the direction to the learned Additional Sessions Judge, Court No. 1 to decide the question of juvenility raised by Mod. Rizwan in accordance with provisions of Section 6(2) of Juvenile Justice (Care and Protection of Children) Act, 2000 and it was further directed that while deciding the said question as to whether Mohd. Rizwan is juvenile in conflict with law, learned Additional Sessions Judge will not be influenced by the orders of the Chief Judicial Magistrate and will hold an independent enquiry.
From perusal of impugned order passed by learned Sessions Judge, Ghaziabad, it is very clear that revisionist has opportunity to raise all pleas before the Court concerned. Hence proper remedy is available to the revisionist before the Court concerned.
This revision is of year 2003 and it is not admitted. Hence no fruitful purpose would be served in keeping this revision pending.
This Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned judgment & order. The present revision lacks merit and is liable to be dismissed.
The revision is dismissed at the stage of admission.
Copy of this order be transmitted to the Court concerned for necessary compliance.
Order Date :- 7.8.2018
P.P.
Mohd. Rizwan
State Of U.P.
Aniruddha Singh
As recorded by the court registry
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