Court No. - 49
Case :- CRIMINAL REVISION No. - 943 of 2021 Revisionist :- Gyanendra Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.,Kamal Kumar
Hon'ble Vivek Agarwal,J.
1. Heard Sri Sunil Kumar Singh, learned counsel for revisionist/petitioner and Sri Pankaj Kumar Asthana, learned counsel for respondent no. 2.
2. Petitioner is aggrieved of order dated 09.02.2021, passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 8, Ballia, whereby an appeal filed by the petitioner being aggrieved of order dated 23.06.2020 passed by the Child Welfare Committee, has been rejected, in absence of the applicant.
3. Sri Pankaj Kumar Asthana raises an issue in regard to maintainability of the appeal before the said authority.
4. However, the limited question before this Court is that petitioner could not appear before the court concerned for the reasons mentioned in the memo of petition and therefore, he is seeking one opportunity for adjudication of his appeal on its own merits.
5. Sri Pankaj Kumar Asthana has no objection subject to the fact that he is also given an opportunity of hearing before the said court.
6. In view of the aforesaid joint submission of the parties, order dated 09.02.2021, is set aside. It is directed that parties shall appear before the learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 8, Ballia on 12.08.2021 with computer generated copy of the order being passed today in PDF form and thereafter, the court concerned shall hear the appeal on its own merits, taking into consideration all the objections to be raised by the opposite party on 24.08.2021.
7. It is made clear that failure of the party to appear again on the date given by the court concerned or on the date, so fixed by this court, will authorize the court concerned to dismissed the appeal again for want of prosecution.
8. In above terms, petition is disposed off.
Order Date :- 30.7.2021 Vikram/-