Court No. - 66
Case :- CRIMINAL REVISION No. - 689 of 2019 Revisionist :- Jitendra @ Bhola Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Arunesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Arunesh Singh, learned counsel for the revisionist and learned A.G.A. for the State and perused the material placed on record.
The instant criminal revision has been filed against judgement and order dated 14.11.2018 passed by Principle Magistrate, Juvenile Justice Board, Agra in S.T. No. 256 of 2004 (State Versus Jitendra alias Bhola) arising out of Case Crime No.35 of 2004 under Section 302/34 I.P.C., Police Station Sadar, District Agra.
Submission of learned counsel for the revisionist is that the revisionist was tried in Sessions Trial No.256 of 2004 which resulted into his conviction against which Criminal Appeal No.4481 of 2010 is pending. During pendency of the appeal, an application was moved before Juvenile Justice Board for declaring the revisionist juvenile in conflict with law as on the date of the incident he was aged about 16 years. The said application has been rejected by the Juvenile Justice Board on the ground that no such application declaring him juvenile has been filed in pending appeal, therefore, in the absence of any order passed in appeal no inquiry can be done.
In the light of aforesaid, instant revision is misconceived and it is, accordingly, dismissed. However, it is always open for the revisionist to make an application in the aforesaid pending appeal for declaring him juvenile.
Order Date :- 26.7.2019 MN/-