Interim application for stay of trial proceedings disposed of. Court directed trial court to continue recording defence evidence, subject to final disposal of the criminal revision.
Continuation of recording of defence evidence subject to final disposal of revision.
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Court No. - 29
Case :- CRIMINAL REVISION No. - 30 of 2024
Revisionist :- Dilshad Ahmad
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow And Another Counsel for Revisionist :- Hari Shanker Tewari,Ajay Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
The present revision is filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 against the judgment and order dated 12.12.2023 passed by the Additional Sessions Judge/ Special Judge POCSO Act, Room No. 13, Sultanpur in Criminal Appeal No. 107 of 2023 (Dilshad Vs. State of U.P.) by means of which the criminal appeal has been rejected confirming the order dated 11.07.2023 passed by Principal Magistrate, Juvenile Justice Board, Sultanpur.
When the matter is taken up today Shri Manoj Kumar Singh, learned counsel has put in appearance and submitted that he wants to file power on behalf of the opposite party.
Learned counsel is directed to file power in the registry.
Counsel for the opposite party as well as learned A.G.A are granted two weeks time for filing counter affidavit in the matter. List this matter after two weeks.
When the matter is listed next, name of Shri Manoj Kumar Singh, learned counsel be printed in the cause list as counsel for
the opposite party.
(C.M. Application No. 1 of 2024: Application for interim relief)
The present application has been moved on behalf of the revisionist for staying the further proceedings of Sessions Trial No. 537 of 2018 (State Vs. Dilshad ) arising out of Case Crime No. 0423 of 2017 under Section 354(B) IPC and Section 17/18 POCSO Act, Police Station Lambhua District Sultanpur pending before Additional Sessions Judge/ Special Judge POCSO Act, Room No. 13, Sultanpur.
It is submitted that the trial is at the stage of defence.
From the perusal of the application along with affidavit it transpires that the case is at the stage of defence.
Learned trial court is directed to continue with the recording of defence evidence, however, the judgment of trial court shall be subject to the final disposal of this revision.
Accordingly, the C.M. Application No. 1 of 2024 is disposed of.
(Renu Agarwal,J.)
Order Date :- 11.1.2024 Nadeem
Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Renu Agarwal
As recorded by the court registry
5 orders share this CNR
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