Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 169807 (ALL)

ARVIND @ BANSHI THRU. UNCLE RAJKUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLA/3929/2024 · 2025-04-16

Alok Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:21571 Court No. - 12 Case :- CRIMINAL APPEAL No. - 3929 of 2024 Appellant :- Arvind @ Banshi Thru. Uncle Rajkumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Shivendra S Singh Rathore,Abhishek Upadhyay,Bhavesh Chandel,Sachin Upadhyay Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the appellant as well as learned A.G.A. for the State of U.P. 2. Present criminal appeal under Section 14A(1) of the SC/ST Act has been filed against cognizance order dated 26.09.2024, passed by the Special Judge (SC/ST Act), Sitapur in Case Crime No. 0667 of 2023, under Sections 323, 325, 504, 506 IPC and Section 3(1)(r), 3(1)(s) of SC/ST Act, Police Station - Maholi, District - Sitapur. 3. It has been submitted by learned counsel for the appellant that appellant is minor and there is no dispute regarding this fact inasmuch as, as per charge sheet filed by the Police it was clearly stated that the charge sheet is pertaining to Arvind @ Banshi who is minor and copy of said charge sheet was sent to the Juvenile Justice Board. 4. It seems that the trial Court has not noticed the said aspect of Juvenility of the appellant and has taken cognizance of the offence regarding him also. 5. Learned A.G.A. on the other hand has not disputed the aforesaid facts. 6. In the light of above, impugned order dated 26.09.2024, passed by the Special Judge (SC/ST Act), Sitapur is set aside with regard to the appellant. The trial Court is directed to pass fresh order duly noticing the aspect of Juvenility as pointed out in the charge sheet filed by the Police. 7. The appeal stands allowed. Order Date :- 16.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench