Disposed
Ashok Kumar v. State of U.P. and Another
Allahabad HCA483/567/2022
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from the order text
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Case :- APPLICATION U/S 483 No. - 567 of…
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Case :- APPLICATION U/S 483 No. - 567 of…
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Court No. - 50
Case :- APPLICATION U/S 483 No. - 567 of 2022
Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This Application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to hear and decide the Misc. Case No. 239 of 2020 (State vs. Akram Khan), arising out of Case Crime No.55 of 2019, under Sections 363, 366 IPC, Police Station Dubhar, District Ballia, pending before the Court of Juvenile Justice Board, Ballia, as expeditiously as possible within stipulated time.
Learned counsel for the applicant submitted that a certified copy of the ordersheet is filed, which reveals that the case is pending at the stage of enquiry/trial before J.J. Board since 13.1.2021. However, the statement of accused child could not be recorded by the learned J.J.B. and the accused child is seeking adjournment on one and another ground. The accused was absent on some date and B.W. as well as N.B.W. was also issued against him.
The court concerned i.e. Juvenile Justice Board is directed to proceeding with the enquiry/trial of the misc. case and decided the same as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of the order, without permitting undue adjournments to either side, if there is no legal impediment.
With this direction, this application is disposed of.
Order Date :- 10.4.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Juvenile Justice Board should direct expeditious disposal of pending enquiry/trial proceedings.
Whether directions should be issued to prevent undue adjournments in pending juvenile cases.
1 provisions across 1 enactments
Ashok Kumar
State of U.P.
Ram Manohar Narayan Mishra
Kamarjahan Ansari
As recorded by the court registry
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