criminal revision dismissed; custody of minor children; Additional Civil Judge (JD)/Judicial Magistrate-III Badaun; Juvenile Justice Board; Children Court; opportunity to file criminal appeal; State of U.P.; Allahabad High Court; Sanjay Kumar Pachori, J.; 2023.
The present criminal revision is devoid of merit and is dismissed. ¶8
Court No. - 70
Case :- CRIMINAL REVISION No. - 4703 of 2022
Revisionist :- Km-Xxx Juvenile And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Amir Khan, learned counsel for the revisionist and Shri Ashutosh Srivastava, learned Brief Holder for the State are present. Despite service of notice upon opposite party No. 2, none appears on his behalf.
Present criminal revision has been preferred to set aside the order dated 10.10.2022 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate-IIIrd, Badaun by which the application for custody of minor children has been rejected.
Learned A.G.A. submits that the present criminal revision has been preferred without affording the opportunity to file criminal appeal. It is further submitted that the order impugned has not been passed by Juvenile Justice Board/Children Court.
In view of the above facts and circumstances, present criminal revision is devoid of merit and is dismissed accordingly.
Order Date :- 16.2.2023 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal revision against the Magistrate's order rejecting the application for custody of the minor children deserves to be entertained, in light of the objections that it was preferred without an opportunity to file a criminal appeal and that the impugned order was not passed by the Juvenile Justice Board/Children Court.medium confidence¶7
The present criminal revision is devoid of merit and is dismissed.ratio¶8
How this case reached the court
Rejection of the application for custody of minor children¶6
Additional Civil Judge (Junior Division)/Judicial Magistrate-IIIrd, Badaun · 10.10.2022
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
