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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SAURABH LAVANIA
Vinod Kumar – Appellant
Versus
State Of U.P., Thru. Prin. Secy. Home, Lko. – Respondent
Judgment :
Saurabh Lavania, J.
1. Heard Sri Balkeshwar Srivastava, learned Counsel for the revisionist, Sri Adarsh Kumar Maurya, learned Counsel for the side opposite, whose name inadvertently could not be mentioned when the order dated 12.03.2026 was reserved, Sri S.P.Tiwari, learned A.G.A. appearing for the State and perused the records.
2. This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act of 2015") has been filed against the order dated 25.01.2023, passed by the Juvenile Justice Board, Lakhimpur Kheri (in short 'JJB'), arising out of Case Crime No. 139 of 2014 under Sections 302, 201, 377 IPC and 3/4 POCSO Act, Police Station-Paliya, District-Kheri.
3. Learned A.G.A. has raised preliminary objections regarding maintainability/entertainability of the present 'Revision' by stating that revisionist has bypassed the remedy of 'Appeal' provided under Section 101 of the Act of 2015 and as such the present revision be dismissed with liberty to the revisionist to avail, the statutory remedy of 'Appeal' provided under Section 101 of the Act of 2015.
4. The availability of statutory remedy i.e filing of an 'Appeal' again
A revision under Section 102 of the Juvenile Justice Act is not maintainable when a statutory remedy of appeal under Section 101 exists, and the order is not deemed 'Non-est'.
Order VI Rule 17 CPC reads as amendment of pleadings.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
The court ruled that while the Revenue Divisional Officer lacked jurisdiction to act suo motu, the Joint Collector's revisional powers were valid in addressing fraudulent claims over government land.
Mandatory service of notice under tax law is crucial to validate assessment; failure vitiates proceedings and necessitates fresh assessment.
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