Court No. - 49
Case :- CRIMINAL REVISION DEFECTIVE No. - 92 of 2018 Revisionist :- Manoj Kumar (Minor) Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.,Lal Behari Yadav
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the revisionist and the learned Additional Government Advocate for the State and perused the record.
The present criminal revision has been filed against the judgment and order dated 9.11.2017 passed by learned Additional Session Judge/Fast Track Court-II, Mau in Criminal Appeal No. 67 of 2017 (Manoj Kumar Vs. State of U.P.) and order dated 18.10.2017 passed by learned Juvenile Justice Board Mau in Case No. 95 of 2017 arising out of Case Crime No. 387 of 2017, under Sections 363, 366, 376D IPC and 3/4 POCSO Act, P.S. Mohammadabad Gohna, District Mau.
Certified copy of the impugned order has been filed today, the same is taken on record.
It appears that upon remand made by the Additional Sessions Judge/Fast Track Court, Mau vide order dated 9.11.2017 matter for reconsideration of the bail application has remained pending before the Juvenile Justice Board for a period of almost 9 months. It is further stated that the applicant has remained confined since 28.8.2017.
No useful purpose would be served to keep the present revision pending to adjudicate the same on the merits of the order dated 9.11.2017 inasmuch as even if that order were to be set aside, the matter would have be sent back to the learned Session Court to rehear the appeal.
Accordingly, the present revision is disposed of with the direction to Juvenile Justice Board to pass a fresh order in compliance of order dated 9.11.2017 passed by the FTC Court-II, Mau as expeditiously as possible, preferably within a period of one month from the date of production of certified copy of this order.
It is further clarified that the Juvenile Justice Board shall pass a fresh order/de novo order expeditiously, in accordance with law without being influenced by any other observation made by learned Session Judge, affecting the merits of the dispute.
Order Date :- 31.7.2018 AK Pandey