Sanny Alias Krishna Kumar Shukla vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sanny Alias Krishna Kumar Shukla vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty to move the appeal before the Children's Court with an application for condonation of delay taking appropriate ground; Children's Court to dispose of the same with reasoned order; Criminal Revision No.3209 of 2017 detached; certified copies of orders to be returned to the applicant on production of photocopies.

Issue for consideration

Whether the application under Section 528 BNSS challenging the Juvenile Justice Board's order dated 31.5.2023 rejecting the applicant's juvenility could be entertained when the applicant admits the appeal lies but was not filed within the stipulated period.

Court's answer

The application under Section 528 BNSS is dismissed as withdrawn, with liberty to move the appeal before the Children's Court.

Ratio / Principle

Liberty is granted to prefer the belated appeal before the Children's Court along with an application for condonation of delay taking appropriate grounds; the Children's Court may dispose of the same with a reasoned order.

Key takeaways

The pending Criminal Revision No.3209 of 2017 (Sanny Alias Krishna Kumar Shukla minor vs. State of UP) is detached from the present application.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 45172 of 2025, decided November 26, 2025: Sanny alias Krishna Kumar Shukla challenged, under Section 528 BNSS, the Juvenile Justice Board's order dated 31.5.2023 rejecting his claim of juvenility. Counsel admitted that an appeal lay against that order but that it had not been preferred within the stipulated period, the present application having been moved on 11.11.2025. The Court dismissed the application as withdrawn, granting liberty to move the appeal before the Children's Court with an application for condonation of delay taking appropriate grounds, and observed that the Children's Court may dispose of it with a reasoned order. The connected Criminal Revision No.3209 of 2017 (pending before the High Court, arising out of the Children's Court order dated 4.7.2017) was detached, and certified copies of orders were directed to be returned to the applicant on production of photocopies.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45172 of 2025

Sanny Alias Krishna Kumar Shukla

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Bipin Kumar Tripathi
Counsel for Opposite Party(s)	: G.A.
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Shri Bipin Kumar Tripathi, learned counsel for the accused-applicant appears and submits that the present application under Section 528 BNSS has been moved against the order dated 31.5.2023 passed by the Juvenile Justice Board whereby the application moved by the applicant for declaring juvenility has been rejected.

On query, learned counsel for the applicant submits that initially the Juvenile Justice Board has rejected the application of juvenility, which was challenged in appeal before the Children's Court, the same was allowed and the matter was remanded back to the Juvenile Justice Board on the ground that the High School Certificate pertaining to the date of birth is to be given preference. Subsequent thereto, the informant has moved an application before the Juvenile Justice Board that the document pertaining to High School Certificate is disputed. The Juvenile Justice Board then called for the record of the juvenile in conflict with the law. This order was challenged in appeal before the Sessions Court/ Children's Court, which was rejected by order dated 4.7.2017. This order is impugned in Criminal Revision No.3209/ 2017 (Sanny Alias Krishna Kumar Shukla minor vs. State of UP and another) and pending before this Court. It is during the pendency of this revision that the juvenility of the applicant has been rejected by the Juvenile Justice Board and assailed in the present application under Section 528 BNSS.

Learned counsel for the applicant admits that the appeal would lie against the order, but the same has not been challenged within the stipulated period therefore, challenged in present application which was moved on 11.11.2025. Hence, moving the appeal against that order is highly belated, therefore, he seeks intervention of this Court.

At this juncture, learned counsel for the applicant submits that he may be

NA528 No. 45172 of 2025

2

permitted to withdraw the present application with liberty to move appeal against the said order, though belated.

Learned AGA for the State is present.

The application is dismissed as withdrawn with liberty to move the appeal before the Children's Court with the application for condonation of delay taking appropriate ground. The Children's Court may dispose of the same with reasoned order.

The Criminal Revision No.3209 of 2017 (Sanny Alias Krishna Kumar Shukla minor vs. State of UP) is detached.

The certified copies of orders be returned to the applicant on production of photocopies of the same.

November 26, 2025 Gurpreet Singh

(Avnish Saxena,J.)

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