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Reserved on 03.09.2025 Delivered on 13.10.2025. HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4523 of 2024 In Chamber HON'BLE SIDDHARTH, J.
1. Heard Sri Ashutosh Singh, Advocate, holding brief of Sri Aushim Luthra, learned counsel for the revisionist; learned A.G.A. for the State and perused the trial court record. 2. The present criminal revision has been filed to set and aside the judgement and order dated 11.7.2024 passed by Additional and Sessions Judge/ Special Judge, POCSO Act (Exclusive Court), Baghpat, as well as order dated 6.9.2023 passed by the Juvenile Justice Board, Baghpat, Sessions Trial No.43 of 2021 arising out of Case Crime No. 230 of 2022, under Section 302 I.P.C, Police Station Baraut, District Baghpat. 3. After declaring the revisionist as juvenile aged between 16-18 years, his preliminary assessment was conducted by the Juvenile Justice Board with the help of report of psychologist dated 25.8.2023. In the report of psychologist, it was found that the revisionist was physically and mentally normal. He has given balanced response to the questions put to him and has not shown any stress or aggression during questioning. Relying upon the same, the Board directed that the record of the case should be sent for trial as adult before the Children's court as per Section 18 (3) of Juvenile Justice (Care and Protection of Children) Act, 2015 by the order dated 6.9.2023. The appellate court has upheld the order on the same reasoning as adopted by the Juvenile Justice Board. Versus Counsel for Revisionist(s) : Ashutosh Singh Counsel for Opposite Party(s) : Dibyanshu Kushwaha, G.A., Rajiv Kumar Mishra Vishant Minor .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
4. The appellate court has also held that the period of three months provided under Section 14(3) for the purpose of conducting the psychological test of the child in conflict with law is not mandatory in view of the judgement of Apex Court in the case of Child in Conflict with Law through his Mother Vs. State of Karnatka, 2024 SCC OnLine SC 798 has held that period of three months provided under Section 14 (3) of the Act for the purpose of conducting psychological test of the child is not mandatory. 5. In view of the above, the above noted criminal revision is dismissed.
October 13, 2025 Ruchi Agrahari CRLR No. 4523 of 2024 2 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad