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2025 DAILYLAW 126351 (ALL)

MR. X (JUVENILE) THRU. BROTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 2 OTHERS

CRLA/806/2025 · 2025-03-11

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14947 Court No. - 16 Case :- CRIMINAL APPEAL No. - 806 of 2025 Appellant :- Mr. X (Juvenile) Thru. Brother Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Appellant :- Mayur Gautam,Ashuja Gupta Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard appellant's counsel and learned Additional Government Advocate for the State as well as perused the record. Notice to respondent No.3 is dispensed with in view of the proposed order. 2.Learned counsel for the appellant confines his prayer that his application for declaring him juvenile which has been rejected by the court below vide order dated 16.8.2024 for non- prosecution may be heard on merit and till the time the application is heard, the non-bailable warrant issued vide said order may be kept in abeyance. 3. I have considered the submission and perused the record. 4.A perusal of the record shows that the accused appellant has given an application dated 21.2.2023, Annexure No.5 for declaring him juvenile which has been dismissed for non- prosecution. There appears to be no illegality in the order impugned. However, in the interest of justice, it is provided that in case the appellant surrenders within 20 days from today before the concerned court and files a bail application, the same shall be considered sympathetically and decided expeditiously, as per law. Till the application is decided or within a period of 20 days from today whichever is earlier, the non-bailable warrant issued against the appellant shall remain in abeyance. 5.The appeal is disposed of accordingly. Order Date :- 11.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench