Dismissed

Mh. Rayees Rayeeni v. State of U.P. and Anr.

Allahabad HC6 Jan 2020CRLR/2624/2018

Case brief

AI extract

What is this about?

In a Criminal Revision, the High Court held that there was no legal error warranting interference to challenge the Sessions Court's order setting aside the Juvenile Justice Board's declaration. The revision was dismissed though the Board was directed to decide juvenality within three months.

What did the court decide?

Revision dismissed. Juvenile Justice Board directed to decide matter within three months.

Mh. Rayees Rayeeni Vs State of U.P. and Anr. — Allahabad HC (2020) — LawSathi Research

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 2624 of 2018

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Revisionist :- Mh. Rayees Rayeeni Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Ram Bali Ram Counsel for Opposite Party :- G.A.,Anil Kr. Dubey,Krishnaji Khare,Mrityunjay Khare

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Ram Bali Ram, learned counsel for revisionist and Sri Anil Kumar Dubey, learned counsel for Opposite No. 2 and learned AGA for State.

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Present Criminal Revision is filed against the judgment and order dated 8.6.2018 passed by Additional Sessions Judge, Court No. 1, Gazipur in Juvenile Criminal Appeal No. 12 of 2018, Police Station Jamania, District Gazipur, whereby, Court below allowed the appeal and set aside impugned order passed by Juvenile Justice Board, Gazipur, in Case Crime No. 578 of 2017 declaring the applicant-revisionist as Juvenile.

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It appears that Juvenile Justice Board, Gazipur, vide its order dated 1.2.2018, declared accused-applicant Juvenile at the time of incident. There-against Rafiq Rayeeni filed a Criminal Appeal No. 12 of 2018 before Sessions Court, Gazipur, which came to be decided by Additional Sessions Judge, Court No. 1, Gazipur. Appellate Court allowed the Appeal setting aside the order of Board and matter be remanded back to Juvenile Justice Board for deciding afresh in the light of observation made in the body of the judgment.

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Learned counsel for revisionist submits that impugned order of Appellate Court is against law and fact. He did not pass the impugned order in the right perspective and it is without application of mind. He further submits that Appellate Court could not rope his own finding upon the lower Court.

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Learned counsel for respondent opposed the revision and submitted that order of Appellate Court is quite correct and Juvenile Justice Board did not pass its order in accordance with law.

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During the course of argument before this Court, learned counsel for both the parties conceded that accused-revisionist is admittedly minor and juvenile at the time of incident as per educational record as well as medical report.

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From the perusal of order of Juvenile Justice Board, it appers that Board has passed its order on the medical report and it ignored the Educational record. Appellate Court order is based on the ratio laid down in the case of Sher Singh alias Sheru v. State of U.P., (2017 CRLJ, 223 of Allahabad High Court.

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Considering entire facts and circumstances of the case, impugned order and submission made by both the parties, I do not find any legal or otherwise error in the impugned order warranting interference in the revision. Revision has no force and is liable to be dismissed.

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It is, accordingly, dismissed.

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However, Juvenile Justice Board, Gazipur is hereby directed to decide the matter of juvenality of accused-revisionist, in view of the Appellate Court order dated 8.6.2018, within three months from the date of production of certified copy of the order .

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Certify this judgment to the Lower Court immediately along with record, if any.

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Order Date :- 6.1.2020 Akram

Mh. Rayees Rayeeni v. State of U.P. and Anr.

Case brief

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Mh. Rayees Rayeeni v. State of U.P. and Anr.

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