2015 Supreme(All) 3361
ALLAHABAD HIGH COURT
Vishnu Chandra Gupta, J.
Lalloo - Appellant
Versus
State of U.P. & Others - Respondent
Criminal Misc. Application No. 1233 of 2005, Criminal Misc. Application No. 40699 of 2013, and Criminal Revision No. 489 of 1982
Decided On : 15-01-2015
Important Points
Subject
Criminal Law - Appeals and Revisions
Act Referred
JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT : S.7(a)
PREVENTION OF FOOD ADULTERATION ACT : S.7, S.16
Headnote
PFA Act - Criminal Revision No. 489 of 1982 - Section 7/16 - Summary: The court affirmed the conviction and sentence awarded to the applicant-revisionist under Section 7/16 of PFA Act. The applicant-revisionist sought to recall the order and have the revision reheard, but the court held that the order had become final and could not be recalled. The court also discussed the applicability of Section 20 (AA) of PFA Act and Section 7A of JJ Act, ultimately rejecting the applications.
Fact of the Case:
The applicant-revisionist was convicted and sentenced under Section 7/16 of PFA Act. He sought to recall the order and have the revision reheard, but the court held that the order had become final and could not be recalled.
Finding of the Court:
The court found that the order had become final and could not be recalled. It also rejected the application under Section 7A of JJ Act read with Section 482 Cr.P.C.
Issues: The prime issue was the maintainability of the application to recall the order and have the revision reheard. Additionally, the court considered the applicability of Section 20 (AA) of PFA Act and Section 7A of JJ Act.
Ratio Decidendi: The court held that the order had become final and could not be recalled. It also determined that the provisions of Section 20 of JJ Act and Section 7A of JJ Act could not be invoked in concluded matters by way of moving an application for recall of the order and rehearing of the matter.
Final Decision: The court rejected the application to recall the order and have the revision reheard, as well as the application under Section 7A of JJ Act read with Section 482 Cr.P.C.
For the Revisionist :- V.Bhatia,Arun Sinha.
For the Opposite Party :- Sri Izhar Husain, AGA.
Vishnu Chandra Gupta, J.
These Criminal Misc. Applications No. 1233 of 2005 and Criminal Misc. Application No. 40699 of 2013 have been moved by the applicant-revisionist in Criminal Revision No. 489 of 1982.
2. The brief and relevant facts for deciding there applications are that in a trial of offence under section 7/16 of PFA Act against the applicant-revisionist a sentenced of rigorous imprisonment of six months and fine of Rs. 1,500/- and in default of payment of fine further sentence of six months was awarded vide order dated 30.07.1982 passed in Criminal Case No. 809 of 1981 by learned Magistrate. Aggrieved by his conviction and sentence the present applicant-revisionist preferred an appeal before learned Sessions Judge, Raebareli having Criminal Appeal No. 173 of 2012 but the appeal was dismissed by 2nd Additional Sessions Judge, Raebareli vide its order dated 17.09.1982. Thereafter the applicant-revisionist filed present criminal revision No. 489 of 1982 before this Court against the orders passed by trial court as well as by appellate Court. This revision was decided by this Court vide judgement dated 11.09.1998. The operative portion of the judgement dated 11.09.1998 is quoted herein below: -
"Accordingly all these revisions are disposed of on the following terms: -
"The conviction and sentence awarded to the applicants are maintained. However on the applicants depositing the amount of fine within a period of four months from the date of this order and their intimating the appropriate government through the District Magistrates of their districts that such a fine has been deposited, the State Govt. may formulise the matter by passing appropriate orders under clause (e) of Sec. 433 of the Code of Criminal Procedure. Meanwhile till decision by the State Govt. the applicants shall not be arrested.". The operative portion, has been reproduced herein above and the copy of which has been annexed as Annexure No. 3 to the Criminal Misc. Application No. 1233 of 2005."
3. It is not in dispute that this Court in aforesaid revision No.489 of 1982 affirmed the conviction and sentence awarded to the applicant-revisionist on 11.09.1998 under Section 7/16 of PFA Act
4. In pursuance of the aforesaid order the present revisionist moved a representation to the State Government, which was rejected vide communication dated 16.11.2004 (Annexure No. 4 to the Criminal Misc. Application No. 1233 of 2005) whereby the State Government declined to remit the sentence of six months rigorous imprisonment awarded by the trial Court and affirmed by appellate Court.
5. Thereafter Criminal Misc. Application No. 1233 of 2005 has been moved by the applicant-revisionist before this Court with the prayer to recall the order passed by this Court on 11.09.1998 and to decided the criminal revision on merit after giving opportunity of being heard.
6. During the course of pendency of the aforesaid application, the applicant-revisionist to claim the benefit of Section 20 (AA) of the Prevention of Food Adulteration Act (hereinafter referred to as 'PFA Act'), filed a supplementary affidavit on 18.03.2013 annexing therewith copy of the school leaving certificate of the revisionist showing his date of birth as 05.07.1966.
7. On 25.04.2013 another Criminal Misc. Application No. 40699 of 2013 has been moved under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'JJAct') read with Section 482 Cr.P.C. with the prayer that this Court after conducting an inquiry declare the applicant-revisionist as juvenile and the sentence awarded to him be set-aside.
8. I have heard Shri Arun Sinha, learned counsel for the applicant-revisionist and Sri Izhar Husain, AGA for the State.
9. Learned counsel for the applicant-revisionist submitted that in view of Section 20 read with Section 7A of JJ Act, the plea of juvenility can be taken at any stage before any Court, hence this Court can not decline to consider the request made in the appl