X Minor Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:76344

Court No. - 74

Case :- APPLICATION U/S 482 No. - 42744 of 2024

Applicant :- X Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avnish Kumar Srivastava,Gyan Mani Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Gyan Mani Singh Chauhan, learned counsel for applicant and learned AGA for State.

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Present application has been preferred with the prayer to quash the summoning order dated 21.12.2023, cognizance order dated 21.12.2023 as well as charge sheet dated 27.09.2023 in Session Case no. 1689 of 2023 (arising out of Case Crime no. 592 of 2023) (State vs. X Minor and others) under sections 147, 323, 504, 452, 354 IPC & 7/8 POCSO Act, PS- Kotwali Hata, District Kushi Nagar, which is pending in the court of learned Special Judge, POCSO Act, Court no. 1, Padrauna Kushinagar.

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It is the case of the applicant that in pursuance to Case Crime no. 592 of 2023, wherein the applicant has been implicated and after conduction of the detailed inquiry, concerned Investigating Officer preferred charge sheet, whereupon cognizance of offence has been taken up by learned court of Special Judge, POCSO Act, Court no. 1, Kushi Nagar at Padrauna on dated 21.12.2023, learned counsel for the applicant submitted that the question of age of one co-accused has been put under question, whereupon the specific application preferred at the behest of the applicant has been considered by court of Juvenile Justice Board, Kushi Nagar at Padraun in Misc. Application no. 372 of 2024 arising out of Case Crime no. 592 of 2023 and the same has been allowed in favour of the applicant by way of declaring him as juvenile vide order dated 30.10.2024.

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Learned counsel for applicant put under challenge the entire proceedings arising out of Case Crime no. 592 of 2023 wherein applicant has already been summoned by way of taking cognizance of offence by learned court of Special Judge, POCSO Act, Court no. 1, Kushi Nagar at Padrauna vide order dated

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21.12.2023. It is also submitted by learned counsel for the applicant that once applicant has been declared juvenile vide order dated 30.10.2024, the entire proceedings initiated and pending before learned court of Special Judge, POCSO Act, Court no. 1, Kushi Nagar at Padrauna rendered non-sustainable in the eye of law and the matter of the applicant be tried before learned court of Juvenile Justice Board, Kushi Nagar at Padrauna only.

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Per contra, learned AGA although vehemently opposed the prayer but did not disputed the order dated 30.10.2024 passed by learned court of Juvenile Justice Board, Kushi Nagar at Padrauna through which applicant has already been declared as juvenile after assessment of the age determined on the date of the incident.

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After hearing the rival submissions extended by learned counsel for the parties, once it has been assessed and declared vide order dated 30.10.2024 passed by learned court of Juvenile Justice Board, Kushi Nagar at Padrauna that on the date of the incident, age of the applicant is below 18 years and declared as minor then the proceedings initiated at the behest of the prosecution before learned court of Special Judge, POCSO Act, Court no. 1, Kushinagar at Padrauna in which through order dated 21.12.2023 cognizance of offence has been taken up in pursuance to applicant by way of summoning him to appear before same court is not sustainable and the same matter specifically in respect of the applicant be placed before learned court of Juvenile Justice Board, Kushi Nagar at Padrauna.

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In view of the aforementioned facts and circumstances and in the light of the procedure available for trying the accused who are below 18 years of age being minor is strictly before the learned court of Juvenile Justice Board, and as such impugned order dated 21.12.2023 specifically in respect of the applicant is hereby set aside.

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Let the matter arising out of Case Crime no. 592 of 2023 in shape of charge sheet be placed before learned court of Juvenile Justice Board, Kushi Nagar at Padrauna for further proceeding in respect of the applicant only. However, it is made clear, before summoning by the learned concerned court itself, no coercive action shall be initiated against the applicant.

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The instant application stands allowed accordingly.

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Order Date :- 9.5.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

X Minor v. State of U.P. and 3 Others

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