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2025 DAILYLAW 37731 (ALL)

X (JUVENILE) v. STATE OF U.P. AND ANOTHER

CRLR/1696/2025 · 2025-05-18

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83328 Court No. - 78 Case :- CRIMINAL REVISION No. - 1696 of 2025 Revisionist :- X (Juvenile) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anoop Kumar Counsel for Opposite Party :- G.A.,Rajesh Kumar Chaudhary Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the revisionist and learned Additional Government Advocate representing the State. Learned counsel for the complainant / opposite party no.2 is not present. 2. The present criminal revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the charge sheet dated 21.07.2024 and cognizance/summoning order dated 01.01.2025 passed by the learned Principal Magistrate/Member, Juvenile Justice Board, Basti and proceedings of Case No. 02 of 2025 (State Vs. Lucky Prajapati) arising out of Case Crime No. 71 of 2024, under Sections 308, 323, 504, 506 I.P.C. and Section 3(1)Da, 3(1) Dha, 3(2)5 and 3(2)5A Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Paikoliya, District Basti. 3. As per the prosecution case, in brief, the complainant got a first information report lodged on 27.05.2024 for the alleged offence under Sections 506, 504, 323, 308 and 307 I.P.C. and Sections 32(va), 3(2)(v), 3(1)(gha), 3(1)(da) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against Rajendra Prasad, Lavkush, Lucky and present revisionist with the allegations inter alia that on 19.05.2024 at about 9.00 P.M., Rajendra Prasad Prajapati and his son Lavkush Prajapati of his Gram Panchayat asked to vote in favour of Samajwadi Party. When his father said that he will vote as per his own will, they got angry and started threatening him by abusing his family members by using caste-specific words. In this regard complainant's father gave an application on 20.05.2024. Due to that enmity, on 27.05.2024 at about 7.30 A.M., when complainant's father had gone near the pond with Pawan Kumar and Sanjay Singh, at that time Rajendra Parsad, Lavkush, Poorav and the revisionist came there and on challenging with lathi-danda and gadasa, Lavkush took out a pistol and fired at complainant's father with the intention to kill him, but the bullet missed and then all of them started beating and abusing him by using foul language. F.I.R. further alleges that his father received several injuries on his body and fell unconscious on the spot. On raising alarm by Pawan Kumar and Sanjay Singh, accused persons fled away by extending threat to kill him, thereafter his father was admitted to District Hospital, Basti and his condition was critical. Complainant further alleges that few days before the incident Lavkush gave threat to beat him on his phone, recording of which is also with the complainant. 4. At the outset learned counsel for the revisionist gave up his challenge to the aforesaid impugned judgment and orders against the revisionist and confined his submission requesting to grant some protection to the revisionist to surrender before the concerned Court below. The learned counsel for the revisionist further stated at the Bar that he is not pressing any other prayer made by means of this Criminal Revision on merits and prayed that a direction may be issued to the concerned Court below to decide the bail application of the revisionist expeditiously. 5. Learned Additional Government Advocate representing the State of U.P. submits that in case the revisionist is not pressing the relief as sought for by him on merits and wants to surrender before the concerned Court below, he has no objection if the Court grants protection to him for a short period. 6. In view of the above, the relief as sought by the revisionist in the instant Criminal Revision is refused. 7. However considering the aforesaid alternative prayer made by learned counsel for the revisionist, it is directed that if the revisionist surrenders/appears before the concerned Court below within three weeks from today and applies for bail, the bail application of the revisionist shall be considered and disposed of expeditiously by the concerned court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. 8. For the period of three weeks from today or till the time of surrender of the revisionist before the concerned Court below, whichever is earlier, no coercive action shall be taken against him in this case. 9. With the above observations and directions, this criminal revision stands disposed of. Order Date :- 19.5.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad