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2025 DAILYLAW 14307 (ALL)

MUKESH KUMAR RAJBHAR JUVENILE v. STATE OF U.P. AND ANOTHER

CRLR/3969/2016 · 2025-02-23

Samit Gopal

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 78 Case :- CRIMINAL REVISION No. - 3969 of 2016 Revisionist :- Mukesh Kumar Rajbhar Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Gyan Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the revisionist to press the revision or the prayer for bail in the revision. Sri Bade Lal Bind, learned counsel for the State is present. 3. Notice issued to the opposite party no.2 has been served personally as per office report dated 24.05.2023. Despite service of notice, no one appears on behalf of opposite party no.2 even in the revised list. 4. The present revision under Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 has been filed by the revisionist Mukesh Kumar Rajbhar Juvenile, with the prayers to allow the revision and set aside the judgment and order dated 10.11.2016 passed by learned Additional Sessions Judge, Court No.1, Azamgarh in Criminal Appeal No. 68 of 2016 (Mukesh Kumar Rajbhar Vs. State of U.P.) as well as the order dated 22.09.2016 passed by learned Juvenile Justice Board, Azamgarh in Case No. 62 of 2016 (State Vs. Mukesh Rajbhar) in Case Crime No. 191 of 2015, under Section 376 IPC and Section 3/4 POCSO Act, P.S. Ahraula, District Azamgarh. 5. The records show that previously on 25.05.2023 there was no representation from the side of the revisionist and the following order was passed: "None appears for the revisionist even in the revised call, however, Shri Saurabh Srivastava, learned A.G.A. for the State is present. Despite service of notice upon opposite party No. 2, none appears on his behalf. Let a report be called from Juvenile Justice Board/Children Court, Azamgarh with regard to the status of trial/inquiry of case arising out of Case Crime No. 191 of 2015, under Sections 376, IPC and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station Ahraula, District Azamgarh through Sessions Judge concerned till the next date of listing. List on 10.7.2023. Office is directed to comply the order immediately." 6. Then on 30.08.2023 again there was no representation from the side of the revisionist and the following order was passed: "None is present for the parties on account of members of the Bar are abstaining from work. Learned A.G.A. is present. List this case on 20.09.2023." 7. Then on 06.12.2024 there was no representation on behalf of the revisionist and the following order was passed: "Case called out in the revised list. No one has put in appearance on behalf of the revisionist to press this criminal revision, however, learned Additional Government Advocate for the State of U.P. is present. Let this matter be listed in the 4th week of February, 2025." 8. Today is the fourth occasion in sequence on which no representation is there. The matter is of the year 2016. It appears that the same has become infructuous by efflux of time. 9. In view of the same, since there is no representation on behalf of the revisionist to press the revision or the prayer for bail in the revision despite the matter being taken in the revised list, the prayer for bail in the revision is dismissed for want of prosecution. 10.. The revision is consigned to records. Order Date :- 24.2.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad