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2024 Supreme(All) 330

SUBHASH VIDYARTHI
Sandeep Kumar – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Ajay Kumar
For the Respondent: Abhishek Dwivedi, Anjani Kumar Misra, Jagat Pal Singh, Nadeem Murtaza, Puneet Saxena, Santosh Kumar Tirpathi, Surekha Patel

JUDGMENT :

Heard Sri Ajay Kumar, the learned counsel for the revisionist, Sri Anurag Verma, the learned AGA-I for the State and Sri Santosh Kumar Tripathi, the learned counsel for the opposite party no. 2.

2. By means of the instant revision filed under Section 397/401 Cr.P.C., the revisionist has challenged validity of an order dated 01.12.2020 passed by the Additional Session Judge/Special Judge POCSO Act, Lucknow in Criminal Appeal No. 251 of 2020 whereby the appeal was allowed, the order dated 09.10.2020 passed by the Juvenile Justice Board in Misc. Case No. 11/2020 arising out of Case Crime No. 2013 of 2015, under Section 302/120B IPC, Police Station Chinhat, Lucknow, was set aside and the matter was remitted to the Juvenile Justice Board to decide the age of the delinquent on the basis of his date of birth mentioned in his educational certificate, unless the same is not believable for any cogent reason, in accordance with the provision contained in Section 94 of the Juvenile Justice Act, 2015. The revisionist has also challenged validity of the order dated 22.12.2020 passed by the Juvenile Justice Board in the aforesaid case deciding the claim of juvenility of the accused in fu

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