Court No. - 83
Case :- CRIMINAL REVISION No. - 2327 of 2017 Revisionist :- Pawan Rajbhar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sumit Kumar Srivastava,Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Case called out in revised list. No one appears on behalf of revisionist to press this revision. However, learned A.G.A. is present for State.
2. This criminal revision under Section Section 102 of Juvenile Justice (Care and Protection of Children Act), 2015, has been filed challenging judgement and order dated 22.06.2017 passed by Additional Sessions Judge Court No.1, Azamgarh in Criminal Appeal No. 57 of 2017 (Pawan Rajbhar Vs. State of U.P.) arising out of Case Crime No. 53 of 2017, under Section 376 (2) I.P.C. and Sections 3/4 POCSO Act, Police Station- Bardah, District-Azamgarh, whereby aforesaid appeal arising out of order dated 12.06.2017, passed by Juvenile Justice Board, Azamgarh has been dismissed, as well as order dated 21.01.2021 passed by Juvenile Justice Board, Mathura in Misc. Case No. 18A of 2020 whereby prayer for bail of revisionist has been rejected. The effect of the same is that revisionist, who is a juvenile, has been denied bail during pendency of trial.
3. At the very outset, learned A.G.A. contends that bail application of revisionist was rejected by Juvenile Justice Board, Azamgarh vide order dated 12.06.2017. Subsequently, Criminal Appeal preferred by revisionist against order dated 12.06.2017 has also been dismissed vide order dated 22.06.2017. As such, a period of more than four years from the date of order dated 12.06.2017 passed by Juvenile Justice Board, Azamgarh has been expired. It is thus submitted that by virtue of provisions contained in Section 15 (1) (f) of Juvenile Justice (Care and Protection of Children Act), 2015, the revisionist, who is juvenile, could be detained for a maximum period of three years.
4. In view of above, it is thus urged by learned A.G.A. that present criminal revision has been rendered infructuous by efflux of time and the same is liable to be dismissed as infructuous.
5. Accordingly, present criminal revision is dismissed as having rendered infructuous.
Order Date :- 22.9.2021 YK