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2022 Supreme(All) 1606

RAHUL CHATURVEDI
Naushad Ali – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mehdi Abbas and Suresh Kumar Maurya

JUDGMENT :

Rahul Chaturvedi, J.

Heard Shri Suresh Kumar Maurya, learned counsel for the revisionist and learned A.G.A. Perused the record.

2. There is delay in filing the present revision. Learned counsel for the revisionist submits that on account of Covid pandemic the revisionist could not come to the Court within time specified, therefore, delay may be condoned.

3. Cause shown is sufficient. The delay condonation application is allowed and the delay in filing the revision is condoned.

4. By filing of the present criminal revision the revisionist is challenging the validity and legality of order dated 7.12.2019 passed by the Special Judge, POCSO Act/Additional Sessions Judge, Court No. 3, Bulandshahar in Criminal Case No. 523 of 2017, under Sections 363, 366, 376, 120B, 420 I.P.C. and Section 04 of POCSO Act, P.S.-Kakod, District-Bulandshahr, whereby Application No. 3B moved on behalf of revisionist for declaring him to be juvenile has been rejected.

5. I have perused the order impugned, whereby the Application No. 3B moved by Smt. Sabra, mother of the revisionist, has been rejected holding that on the date of incident the revisionist was major one as his date of birth is 7.4.1994.

6. L

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