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U.S.TRIPATHI
Lallan Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


JUDGMENT

U.S. Tripathi. J. - This revision has been directed against the order dated 30-10-2001, passed by the Sessions Judge, Chandauli in S.T. No. 28 of 2001, holding accused Ram Singh, opposite party No. 2 as juvenile under Juvenile Justice (Care and Protection of Children) Act, 2000.

2. Heard learned counsel for the applicant learned A. G.A. and Sri Ashwani Mishra, learned counsel for he opposite party No. 2 and perused the record.

3. The opposite party No. 2 was facing trial in S.T. No. 28 of 2001 under Sections 498-A, 304-B and of IPC and 3/4 Dowry Prohibition Act. The occurrence took place on 18-6-1997. The case was committed to the Court of Sessions by the Magistrate prior to 30-12-2000 and the trial against the opposite party No. 2 was pending on 30--2-2000. Before the Session Judge the applicant moved an application for declaring him juvenile. The above application was opposed by the prosecution on the ground that the provisions of the Juvenile Justice (Care and Protection) Act 2000 hereinafter called the Act is not applicable to the present proceedings.

4. The learned Sessions Judge held that the new Act received the assent of the President of India on December 30, 2000

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