In a criminal revision challenging orders framing charges and refusing transfer to the Juvenile Justice Board, the Court found no illegality. The appeal was admitted, interim stay expired in 2019, and the revision was dismissed.
The criminal revision was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- CRIMINAL REVISION No. - 985 of 2004
Revisionist :- Manoj Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- C.P. Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajeev Misra,J.
Case called out in the revised list. No one appears on behalf of the revisionist to press this criminal revision.
The present criminal revision has been filed challenging the orders dated 22.2.2000 and 31.2.2004 passed by the Sessions Judge, Mainpuri in Sessions Trial No. 278 of 2002 (State of U.P. Vs. Manoj Kumar and others), whereby charges have been framed against the applicant.
The present criminal revision came up for admission on 5.3.2003 and the Court passed the following order:-
"Heard.
Admit.
Issue notice.
Counter affidavit be filed within four weeks.
Till then, further proceedings in S.T. No. 278 of 2002 are stayed. The revisionist shall co-operate with this interim order, whenever required."
Thereafter the interim order has not been extended, even though the matter was listed on 8.2.2019 and 6.5.2019. Thus by operation of law, the interim order stood expire.
Apart from the aforesaid, upon perusal of the impugned order passed by the Court below framing charges against the applicant and further refused to send the record to the Juvenile Justice Board, in respect of the accused Manoj Kumar. I do not find any illegality or perversity in the same. Consequently, the revision is devoid of merit and is dismissed.
Order Date :- 1.8.2019 HSM
1 issue framed by the court
Whether the orders of the Sessions Court framing charges and refusing to send record to Juvenile Justice Board are illegal or perverse.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
