Bajrangi v. State of U.P. and Another
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Case :- CRIMINAL REVISION No. - 3727 of 2015…
Case :- CRIMINAL REVISION No. - 3727 of 2015…
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Court No. - 28
Case :- CRIMINAL REVISION No. - 3727 of 2015
Revisionist :- Bajrangi Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Krishnanand Yadav Counsel for Opposite Party :- Govt.Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the revisionist and learned A.G.A., for the State.
This criminal revision has been preferred against the order dated 2.9.2015 passed by the learned Additional Sessions Judge, Court No. 1, Maharajganj in Criminal Misc. Case No. 40 of 2015 (State Vs. Bajrangi) arising out of Case Crime No. 68 of 2015 under Sections 363, 366A, 376 IPC and Section 3/4 POCSO Act, Police Station Nichlaul, District Maharajganj whereby application of the accused/revisionist (Bajrangi) for declaring him juvenile was rejected.
Learned counsel for the revisionist contended that this revision should be dismissed as not pressed.
Learned A.G.A., contended that this criminal revision is not maintainable against the impugned passed by the learned trial court.
Criminal revision cannot be dismissed as not pressed.
As per provision of Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 'the Act'), claim of juvenility may be raised before the court where trial is pending but as per provision of Section 52 of the Act, order passed by the trial court under Section 7- A of the Act shall be appeal-able. Accordingly, it is not maintainable.
In the result, the present criminal revision stands dismissed as not maintainable.
Order Date :- 14.5.2018 Jaswant
Bajrangi
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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