Reserved On:-23.09.2025 Delivered On:-07.10.2025. HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 246 of 2025 In Chamber HON'BLE SIDDHARTH, J. 1. Heard Sri Kedar Nath Mishra, learned counsel for the revisionist; learned AGA for the State-respondent no.1; Sri Pawan Kumar Rao, learned counsel for opposite party no.2 and perused the material on record. 2. This Criminal Revision has been preferred against the impugned judgment and order dated 28.10.2024 passed by the Addl. District and Sessions/Special Judge (POCSO) Court No. 1, Deoria, in case crime no. 405/2009, under sections- 307, 394, 325, 323, 504, 506 IPC, Police Station- Karkhana, District- Deoria. 3.Claim of juvenility was raised by the revisionist before the Juvenile Justice Board on the basis of the High School Certificate of year 2012, admission form and transfer certificate of the School. It was claimed that as per the Transfer Certificate of School, date of birth of the revisionist is 10.07.1997. The mother of the revisionist was examined as C.W.-1 and she proved that age of revisionist is 14 years on the basis of his date of birth of 10.07.1997. 4. C.W.-2, Head Master of the School proved that the revisionist took admission in Class-IX in year 2010 and passed High School Examination in the year 2012. Scholar Register of the revisionist was prepared on the basis of the transfer certificate produced before the Court. The Board found that on the date of incident dated 29.07.2009, the age of revisionist was 12 years and 19 days as per his date of birth of 10.07.1997 and accordingly declared him juvenile by order dated 06.10.2012. 5. On 10.01.2018, the complainant filed a Recall Application before the Juvenile Justice Board praying for recall of the order dated 06.10.2012. The ground for recall of the order was that the Principal of the earlier School has informed that the revisionist never studied in his school nor any transfer certificate was issued by the School. The Juvenile Justice Board rejected the objection on the ground that the Board Versus Counsel for Revisionist(s) : Kedar Nath Mishra Counsel for Opposite Party(s) : G.A., Pawan Kumar Rao X-Juvenile .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) after proper enquiry passed the order dated 06.10.2012 which has attained finality in absence of any appeal and therefore there is no ground for recalling the order dated 06.10.2012. The informant preferred Appeal against the order dated 06.10.2012 and 24.11.2021 before the Children's Court which has set aside the order dated 06.10.2012 of the Juvenile Justice Board on the ground that the revisionist did not approached the court with clean hands and directed the Board to afford opportunity of fresh evidence to the parties and decide the question of juvenility of the revisionist again. 6. After hearing the rival submissions this count finds that there are following illegalities committed by the appellate court while passing the impugned appellate order:- (1) The Criminal Appeal No. 75 of 2022 was preferred by Anand Mani Tripathi against order dated 06.10.2012 and 24.11.2021 passed by the Juvenile Justice Board, Deoria. It is settled law that one statutory appeal against two orders can not be filed. In the present case, this was done by the appellant and the court has entertained the same and passed the order setting aside the first order dated 06.10.2012 which has resulted in setting aside of the subsequent order dated 24.11.2021 of the Board also (2). The appellant before the Appellate Court is not the informant/complaint of this case but only a witness in the case and had no right to file the Appeal before the Children's Court when the informant/ complainant did not filed the same (3). The order dated 06.10.2012 was passed by the Juvenile Justice Board after affording opportunity of hearing to the parties but then no evidence was led before the Board to the contrary and the order dated 06.10.2012 of the Juvenile Justice Board was allowed to attain finality. The Review/Recall Application filed by the opposite party no.2 before the Juvenile Justice Board has no sanction of law. The statute does not provides for filing of the any Review/Recall Application against the order passed by the Juvenile Justice Board. (4). The Children's Court has remanded the matter to the Juvenile Justice Board without considering the aforesaid legal position. The Appellate Court has allowed the Appeal without taking any evidence of the Head Master/Teacher of the earlier School of the revisionist, namely, Pathmik Vidhyalaya Pakadi Bujurg and Sudama Ucchattar Madhyamik Vidhyalaya, while deciding the controversy. Only relying upon the information given under Right to Information Act, the order dated 06.10.2012 of the Juvenile Justice Board Deoria has been set aside by the Children's Court. The appellate court had full power of taking fresh evidence and deciding the issue and only on the basis of the information received by the opposite party no.2 under Right to Information Act, the orders passed by the Juvenile Justice Board could not have been set aside. 7.The unreasonable, cursory and illegal order of remand passed by appellate court shakes the faith of common man in the judicial system of this country. The misuse of power of remand by the appellate court's, only to avoid hard work is becoming the worst malady in our legal system. Litigant should not be relegated to lower court on the basis of ill considered order of remand after long time. In view of the above consideration, the order passed by the Children's Court/ Appellate Court is set aside . CRLR No. 246 of 2025 2 8. The revision is allowed. October 7, 2025 Abhishek CRLR No. 246 of 2025 3 (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad