Reserved on 25.8.2025 Delivered on 15.9.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4129 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. 1. Heard Sri Ankit Agarval, learned counsel for the revisionist; Sri Afzal Hussain, learned counsel for respondent no.2; learned A.G.A. for the State and perused the material on record. 2. The present criminal revision has been filed to set and aside the judgement and order dated 30.06.2025 passed by learned Special Judge (POCSO Act), Bulandshahr in Criminal Misc. Case No. 620 of 2024, (arising out of Case Crime No. 243 of 2019), Rohit Kumar Vs. State of where U.P. and another, whereby the the learned appellant Court has rejected the application of the revisionist under section 5 of the Limitation Act and refused to condone the delay in filing the aforesaid appeal. 3. Juvenile Justice Board, Bulandshahar, after determining the age of the revisionist on the basis of medico legal test as 17 years and 8 months by the order dated 26.11.2020. By the next order dated 28.8.2020, the Board directed the revisionist to appear before Board for preliminary assessment as per Section 15 of the Juvenile Justice (Care and Protection of Children) Act. 4. The aforesaid order dated 28.8.2020 was subjected to challenge before the Children's Court by way of Appeal No.42 of 2020, which was dismissed by the order dated 31.01.2002. Thereafter revision was filed Versus Counsel for Revisionist(s) : Ankit Agarval Counsel for Opposite Party(s) : Afzal Husain, G.A. Juvenile X .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) before this Court by the revisionist challenging the order dated 26.11.2020 and also 28.8.2020 and it was discovered before this Court that appeal ought to have been filed before the Children's Court against the order dated 26.11.2020. Thereafter the revisionist preferred appeal No. 594 of 2023 before the Children's Court, but it was dismissed for want of prosecution on 31.8.2024. After dismissal of the above appeal, another criminal appeal alongwith delay condonation application registered as Misc. Case No.620 of 2024 was the Children's Court on the ground that when they came to know of the order dated 31.8.2024, he has preferred the appeal alonwgwith delay condonation application and in case delay condonation application is not allowed, the revisionist shall suffer irreparable loss. The appellate court found that Juvenile Justice Board passed the order dated 28.8.2020 summoning the revisionist for preliminary assessment, which was challenged by way of time barred appeal alongwith application under Section 5 registered as Misc. Case No.594 of 2023, which was dismissed on 31.8.2024. 4. Again appeal was preferred against the same same order dated 28.8.2020 with delay condonation application on the ground that revisionist was not aware of the dismissal of earlier appeal and it was registered as Misc. Case No.620 of 2024. The conduct of the revisionist shows that he has avoided compliance of the order dated 28.8.2020 till date. The order dated 26.11.202 holding that revisionist was aged about 17 years and 8 months on the date of incident has been upheld by this Court in Criminal Revision No.1404 of 2022 by the order of date. 5. From the perusal of record of trial court, it appears that trial has not proceeded further because of repeated filing of appeals with delay condonation application against the orders dated 26.11.2020/28.8.2020 passed by Juvenile Justice Board summoning the revisionist for preliminary assessment as per Section 15 of the Act. 6. After considering the totality of facts and circumstances of this case and conduct of the revisionist, this criminal revision is dismissed. September 15, 2025 Ruchi Agrahari CRLR No. 4129 of 2025 2 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad