Court No. - 77
Case :- CRIMINAL REVISION No. - 3455 of 2021 Revisionist :- Guddu Nishad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the revisionist and learned A.G.A.
This is the first criminal revision against the judgment and order dated 5.10.2021 passed by Additional Sessions Judge/ Special Judge POCSO Act, Room no. 1, Deoria in F.R. No. 01 of 2021 (Guddu Nishad Vs. Keshav Nishad) arising out of case crime no. 132 of 2020, under sections 354, 504, 506 IPC and section 7/8 POCSO Act, P.S. Bhaluani, District Deoria whereby the Additional Sessions Judge / Special Judge-1, Deoria rejected the protest petition filed by the revisionist and accepted the final report No. 19 of 2020 dated 23.8.2020.
It is contended by learned counsel for the revisionist that the revisionist and other eye witnesses filed their affidavits on 21.8.2020 before the Investigating Officer but the investigating Officer not disclosed their affidavits as a part of case diary and illegally only in collusion of accused recorded the statement of some interested persons and filed final report in favour of the accused. Next argued that statement of the girl recorded under section 164 Cr.P.C. has not been property considered and the girl is minor.
Considering the facts and circumstances of the case, the impugned order dated 5.10.2021 passed by Additional Sessions Judge/ Special Judge (POCSO Act), Room No. 1, Deoria is hereby quashed and the case is remitted back to the court concerned to pass a fresh and reasoned order within two months from the date of production of certified copy of this order in accordance with law.
Accordingly this revision is allowed.
Order Date :- 16.12.2021 RPD