The Allahabad High Court dismissed a criminal revision regarding a Juvenile Justice Act order. The court upheld a preliminary objection that the statutory appeal remedy under Section 101 was available but not availed. Young person.', null}, { prob
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Neutral Citation No. - 2024:AHC-LKO:23355
Court No. - 27
Case :- CRIMINAL REVISION No. - 236 of 2024
Revisionist :- Juvenile X In Case Cr. No. 758/2023 Thru. Her Father Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Women And Child Development And 4 Others
Counsel for Revisionist :- Amrita Yadav,Asif Anees,Shivangi Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Amit Singh, the learned counsel appearing for the revisionst and Sri Akhilesh Kumar Vyas, the learned Additional Government Advocate and perused the record.
2. By means of the instant revision filed under 102 of the Juvenile Justice (Care and Protection of Children) Act, the revisionist has challenged the validity of the order dated 09.02.2024 passed by the Welfare Committee, Hardoi.
3. The learned A.G.A. has raised a preliminary objection that the revisionist has a statutory remedy of filing an appeal under Section 101 of the aforesaid Act, which has not been availed of by him, therefore, the revision filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act is not maintainable.
4. Accordingly, the revision is dismissed in view of the availability of the statutory remedy of filing an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act.
(Subhash Vidyarthi, J.)
Order Date :- 18.3.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
whether a criminal revision maintainable under Section 102 where statutory appeal lies under Section 101
validity of Welfare Committee order dated 09.02.2024
question of statutory limitation on remedy in Juvenile Justice Act
Juvenile X
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
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