Dismissed

Gopal Srivastava (Minor) v. State of Up and Another

Allahabad HC28 Jun 2021CRLR/485/2021

Case brief

AI extract

What is this about?

In a criminal revision, the High Court declined to interfere with an appellate order remitting an age determination to the Juvenile Justice Board. The Court directed the Board to make the determination within four months strictly in accordance with the Juvenile Justice Act.

What did the court decide?

The Juvenile Justice Board directed to make the age determination within four months in accordance with law; computer-generated copy to be self-attested and verified.

Gopal Srivastava (Minor) Vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL REVISION No. - 485 of 2021

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Revisionist :- Gopal Srivastava (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anil Kumar Bind Counsel for Opposite Party :- G.A.,Pravin Kumar

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Hon'ble Ajay Bhanot,J.

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Heard Sri Anil Kumar Bind, learned counsel for revisionist learned A.G.A. for the State through video conferencing and perused the records.

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By the impugned order dated 21.12.2020, the learned appellate court found that Juvenile Justice Board has erred in law while determining the age of the revisionist and holding that he is a juvenile. The Juvenile Justice Board acted in the teeth of Section 94(2) of the Juvenile Justice Act, and adopted a procedure not known to law while making the said determination. On the foot of aforesaid findings, the learned appellate court has remitted the matter to the Juvenile Justice Board for making a fresh determination of the matter strictly in accordance with law, and in adherence to Section 94 of the Juvenile Justice Act. The impugned order is made upon appreciation of evidence in the record and is supported by reasons. In such view of the matter, this Court is not inclined to interfere with the impugned order.

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However, in the interest of justice, it is directed that the Juvenile Justice Board shall make necessary determination in accordance with law and as per the directions of the learned appellate court within a period of four months from the date of receipt of a copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall made a declaration of such verification in writing.

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This revision is dismissed.

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Order Date :- 28.6.2021 Anil K. Sharma

Gopal Srivastava (Minor) v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Gopal Srivastava (Minor) v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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