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2025 DAILYLAW 58193 (ALL)

NANKI DEVI v. STATE OF U.P. AND ANOTHER

CRLR/4488/2024 · 2025-09-16

Siddharth

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4488 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J. Heard Sri Harendra Prakash Dwivedi, learned counsel for the revisionist, learned A.G.A-I for the State and Sri Prem Sagar Verma, learned counsel for opposite party no.2. The present criminal revision has been filed to quash the order dated 12.07.2023 passed by Special Judge POCSO Act / Additional Sessions Judge, Chitrakoot in Juvenile Criminal Appeal No. 41 of 2022 (Rudra Narayan alias Gulla Vs. State of U.P. and others) filed under Section 101 Juvenile Justice (Care & Protection of Children Act, 2015), in S.T. No.691 of 1984 & 740 of 1984, under Section 302/34 I.P.C and 307/34 I.P.C and 25/27 Arms Act, Plice Station Mau, District Chitrakoot. Learned counsel for the revisionist-applicant submits that the Misc. Case No.162 of 2022 and Juvenile Criminal Appeal No.41 of 2022 preferred by the respondent no.2 against the order of Juvenile Justice Board, Chitrakoot dated 28.04.2022 were decided without issuing notice to the revisionist-informant. This court has gone through the order-sheet of the aforesaid Misc. Case No.162 of 2022 and Juvenile Criminal Appeal No.41 of 2022 and found that notices were never issued to the revisionist-informant by the court. The Presiding Officer of Children's Court has committed patent illegality in allowing the delay condonation application registered as Misc. Case aforesaid and Crl. Appeal aforesaid without issuing notices to the Versus Counsel for Revisionist(s) : Harendra Prakash Dwivedi Counsel for Opposite Party(s) : Dinesh Kumar Shukla, G.A., Prem Sagar Verma Nanki Devi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) revisionist-informant. Order dated 16.05.2022 passed by Children's Court has not been challenged by the revisionist hence it is left undisturbed. However, the order dated 12.07.2023 passed by Special Judge POCSO Act / Additional Sessions Judge, Chitrakoot passed in Juvenile Criminal Appeal No. 41 of 2022 is set aside having being passed without opportunity of hearing to the revisionist. The revision is allowed. The Appellate Court is directed to decide the Appeal No.41 of 2022 after affording the opportunity of hearing the parties within a period of one month from the date of production of certified copy of this order. Office is directed to return the trial court record forthwith. September 17, 2025 SS CRLR No. 4488 of 2024 2 (Siddharth,J.) Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad