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2022 Supreme(All) 1285

JYOTSNA SHARMA
Rajat Upadhyay – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raj Kumar Kesari.
For the Respondent: Sunil Kumar Singh.

JUDGMENT :

JYOTSNA SHARMA, J.

1. Heard Sri Raj Kumar Kesari, learned counsel for the revisionist, Sri Sunil Kumar Singh, learned counsel for the opposite party no. 2 and Sri O.P. Mishra, learned A.G.A. for the State in both the matters.

2. Perused the record.

3. These criminal revisions have been filed on behalf of the alleged minor through his natural guardian/mother challenging the order dated 05.10.2021 passed by the learned Additional District and Sessions Judge/Special Judge (POCSO Act), Court No. 2, Varanasi in both the matters in Criminal Appeal Nos. 96 of 2020 and 97 of 2020 affirming the order dated 19.11.2020 and 11.11.2020 passed by the Juvenile Justice Board, Varanasi respectively, by which the applications presented by the revisionist for declaring him juvenile were rejected and he was declared an adult.

4. Facts in brief leading to filing of these revisions are as below:

    Two FIR were lodged against the revisionist as Case Crime No. 247 of 2019, under section 3/25 Arms Act and Case Crime No. 227 of 2019, under sections 302, 307, 34, 504, 506 I.P.C. After investigation, charge-sheets were filed and cognizance was taken by the court concerned; thereafter, applications were mov

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