The Patna High Court allowed the petitioner to withdraw the criminal revision to challenge the Juvenile Justice Board order via appeal. The court granted liberty to plead limitation issues differently on appeal.
Permission granted to withdraw the criminal revision with liberty to file an appeal and plead limitation issues.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.186 of 2016
====================================================== Gyanti Devi, wife of Late Binod Kumar, Resident of village- Muzouana, P.S.- Parsa, District- Chapra
.... .... Petitioner/s Versus 1. The State of Bihar 2. Pintu Kumar @ Vijay Kumar, son of Birbali Prasad, Resident of villagePokharpur, P.S. Parsa, District- Chapra .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vipin Kumar, Advocate For the Respondent/s : Mr. Surendra Pd.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 23-11-2016 Learned counsel for the petitioner has submitted that the petitioner, because of wrong legal advice could not question the legality of the order dated 26.06.2015 passed by the Juvenile Justice Board whereby he declared opposite party No. 2 as juvenile by filing an appeal. It has been submitted that the juvenility of opposite party No. 2 has been declared on the basis of the report of the Medical Board but on the date when the opposite party No. 2 is said to have been examined by the Medical Board, he was on leave from the remand home. He has submitted that the fact whether the person who had appeared before the Medical Board for examination, was opposite party No. 2 itself is a serious doubt.
Patna High Court CR. REV. No.186 of 2016 (2) dt.23-11-2016
2/2
Considering the submission advanced on behalf of the petitioner and his request to withdraw this application for the purpose of challenging the order dated 26.06.2015 passed by the Juvenile Justice Board by filing appeal, the permission to withdraw is accorded.
This application stands disposed of accordingly with a liberty to the petitioner to challenge the said order by filing an appeal. If any question of limitation arises, on filing of appeal against the said order dated 26.06.2015, learned court below may consider the plea that under wrong legal advice, the petitioner was pursuing his remedy before the High Court.
(Chakradhari Sharan Singh, J)
Vats/-
U T
2 issues framed by the court
Whether the petitioner can be permitted to withdraw the criminal revision to file an appeal challenging the Juvenile Justice Board order.
Whether the period spent in the High Court due to legal advice should be excluded for the purpose of limitation on appeal.
Gyanti Devi
The State of Bihar
Pintu Kumar @ Vijay Kumar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
