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2024 Supreme(All) 970

SHAMIM AHMED
Juvenile 'Xyz' Thru. His Father – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohammad Alishah Faruqi,Mohd. Suhail
For the Opposite Party : G.A.

JUDGMENT :

Shamim Ahmed, J.

1. This revision is directed against the judgment and order dated 01.06.2023 passed by Additional Sessions Judge/learned Special Judge (POCSO) Act No. 1, Lucknow passed in Criminal Appeal No. 259/2022: Shiva Vs. State of U.P.), whereby the criminal appeal filed on behalf of the revisionist has been dismissed and for quashing of the order dated 22.08.2022 passed by Juvenile Justice Board, Mohan Road, Lucknow, in Misc. Case No. 159 of 2022, arising out of the Case Crime no. 613 of 2021, Under Sections 376 DB, 323, 504, 506 IPC & 5m/6 POCSO Act of Police Station Mohanlalganj, District Lucknow, whereby the Juvenile Justice Board has rejected the bail application of the revisionist.

2. In spite of time being granted to opposite party No.2 and after service of notice neither anyone has put in appearance nor any counter affidavit has been filed on behalf of opposite party No.2. It appears that opposite party No.2 is not interested to file counter affidavit or to contest the case.

3. Learned A.G.A. has filed counter affidavit, in reply thereto learned counsel for the revisionist has filed the rejoinder affidavit denying the averments made in the counter affidavit.

4.

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