Court No. - 17
Case :- CRIMINAL REVISION No. - 1368 of 2016 Revisionist :- Pravin Kumar Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.,Dinesh Bahadur Singh,Mohd. Samiuzzaman Khan,Narendra Kumar Singh
Hon'ble Dinesh Kumar Singh-I,J.
Sri Laljeet, advocate, holding brief of Sri Qazi Vakil Ahmad, learned counsel for the revisionist and Sri Mohd. Samiuzzaman, learned counsel for the O.P. No.2 are present.
It is argued by the learned counsel for the O.P. No.2 that this revision has been preferred against the judgment and order dated 30.03.2016 passed by the Additional Sessions Judge, Court No.1, Kanpur Nagar in S.T. No.896 of 2010 (State of U.P. Vs. Manoj Kumar and others) whereby the O.P. No.2 has been held to be juvenile in conflict with law being below 18 years.
This Court after having considered the matter has granted stay in the proceedings of the court below on 16.05.2016.
It is contended by the learned counsel that in this case, the occurrence is of 30.11.2009, hence, the provision of old Act would be applicable, therefore, benefit of being juvenile is required to be given to the O.P. No.2 but due to the stay having been granted, the accused is lying in jail and is not able to move any application under the appropriate provisions of Juvenile Justice Act.
Learned counsel for the revisionist has sought 7 days time as a last opportunity to argue this case.
Put up on 13.03.2018 as unlisted.
If learned counsel for the revisionist does not appear on the next date, the stay shall stand vacated.
Order Date :- 28.2.2018 A. Mandhani