Disposed

Sanjay Rajbhar (Minor) v. State of U.P. and Anr.

Allahabad HC7 Jul 2023CRLR/285/2018

Case brief

AI extract

What is this about?

The High Court observed that the criminal revision filed against the Juvenile Justice Board's order declaring the accused a major was maintainable but should have been an appeal. The Court directed the petitioner to file a criminal appeal before the appellate court within 30 days, condoning the procedural error.

What did the court decide?

Directed the revisionist to file a criminal appeal against the order dated 17.01.2018 before the learned appellate court within 30 days.

Sanjay Rajbhar (Minor) Vs State of U.P. and… — Child Custody and Guardianship | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:134397

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 285 of 2018

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Revisionist :- Sanjay Rajbhar (Minor) Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Om Prakash Singh Counsel for Opposite Party :- G.A.,Raghvendra Prakash

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared for the opposite party even in the revised call.

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Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

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The present criminal revision has been moved with a prayer to allow the present criminal revision and set aside the impugned order dated 17.01.2018 passed by Juvenile Justice Board, DistrictAzamgarh in Misc. Application No. 71 of 2017, (State Vs. Sanjay Rajbhar), arising out of Case Crime No. 83 of 2017, under Sections 498, 376 I.P.C., Police Station- Bilariyaganj, DistrictAzamgarh as well as medical report dated 18.12.2017 issued by the Chief Medical Officer, District- Azamgarh.

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It is submitted by learned counsel for the revisionist that on 17.01.2018 his application for the juvenility was decided by J.J. Board by declaring him to be major against which appeal was to be filed before the learned appellate court but this revision was filed before this Court within limitation which is still pending.

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As per his knowledge the trial has also not concluded till now, therefore he wants to file appeal against the order in question dated 17.01.2018 before the learned appellate court.

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Learned A.G.A. for the State also contended that against the order passed by J.J. Board appeal is maintainable not the revision, therefore, the revisionist may file criminal appeal before the learned appellate court.

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On considering the facts and circumstances of the case submissions made by learned counsel for the revisionist as well as learned A.G.A. for the State and perusal of order dated 17.01.2018

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by which claim of juvenility of the revisionist was rejected by the learned J.J. Board, it appears that an appeal was to be filed against this order but inadvertently this criminal revision was filed before this Court which is still pending. In such a situation it is expedient to direct the revisionist to file criminal appeal against the order passed by the learned J.J. Board on 17.01.2018 before the learned appellate court which will be entertained by condoning delay keeping in view the fact that revision was filed within limitation and it was pending before this Court without directing the revisionist to file an appeal before the learned appellate court.

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If trial is still pending he may file an appeal within a period of 30 days from today before the learned appellate court.

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Accordingly, this criminal revision is disposed of finally.

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Order Date :- 7.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Sanjay Rajbhar (Minor) v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay Rajbhar (Minor) v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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