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NEUTRAL CITATION NO. 2025:MPHC-IND:37774

1 CRR-2323-2022

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE GAJENDRA SINGH

CRIMINAL REVISION No. 2323 of 2022

M

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Manuraj Singh - Advocate for the petitioner.

Shri Jayesh Yadav - GA for the State.

Shri Makbool Ahmad Mansoori - Advocate for the Objector.

(Heard on: 06.10.2025)

(Delivered on: 24.12.2025)

ORDER

This criminal revision under section 397 read with Section 401 of Cr.P.C.,

1973 is preferred being aggrieved by the judgment dated 15.06.2022 (Annexure-

rd

P/1) in ST No.442/2019 by 3 Additional Sessions Judge, Rajgarh (Biaora)

(M.P.) whereby the claim of juvenility of the revision petitioner prosecuted and

tried for charges under sections 363, 366, 366 (A), 376 (2)(i), 376 (2)(l), 376 (2)

(n) of the IPC and sections 5 (j) (2), 5(k), 5(l) and 6 of POCSO Act, 2012 for the

incident dated 10.07.2019 with the victim(PW-1) in crime No.261/2019 registered

at P.S.- Jeerapura, District Rajgarh has been rejected.

2. The facts of the case in brief are that the revision petitioner was

apprehended on 28.08.2019 vide Exhibit-P/36 in connection with the aforesaid

th

crime mentioning his age 24 years with educational qualification 5 standard and

by profession labour. He was put to trial and at the stage of final arguments he

makes a default in marking appearance before the trial court and vide order dated

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 24-12-2025

21:07:46

NEUTRAL CITATION NO. 2025:MPHC-IND:37774

2 CRR-2323-2022

11.02.2022 warrant of arrest was issued and revision petitioner was arrested and

produced before the court on 12.02.2022 and sent to judicial custody.

3. On 18.02.2022 an application claiming the date of birth and age of the

revision petitioner as 09.11.2001 and person of 17 years 9 months on the date of

incident with request to forward the proceedings to Principal Magistrate, Juvenile

Justice Board, Rajgarh. In support of the application Head Master, Govt. School

Rawali, Shri Dilip Kumar was examined as CW-1 and the documents Exhibit-C/1

and Exhibit-C/2 were admitted. Vide order dated 15.06.2022 the claim of

rd

juvenility was dismissed and the matter was fixed for final hearing by the 3

st

Additional Judge, to the court of 1 Additional Sessions Judge, Rajgarh.

4. Order dated 15.06.2022 was challenged through CRR No. 2323/2022

before this court and vide order dated 17.08.2022 the order dated 15.06.2022 of

trial court was set aside and it was held that prima facie petitioner had not attained

the age of 18 years at the date of incident. In such circumstances he is child in

conflict with law. Trial court was directed to proceed further in the matter

accordingly.

5. Order dated 17.08.2022 was challenged before the Apex Court and vide

order dated 07.05.2024 in Special Leave to Appeal (Crl.) No(s).3319/2024 Apex

Court has set aside the order dated 17.08.2022 of this court with the following

observations:-

"Notice ought to have been sent to the victim.

Since this has not been done, we set aside the order

of the High Court and we send the matter back to

the High Court with a request to consider the

matter afresh after hearing the petitioner, who is

the victim. The parties shall appear before the High

Court within three weeks from today and make

request for early disposal. We say nothing on the

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 24-12-2025

21:07:46

NEUTRAL CITATION NO. 2025:MPHC-IND:37774

3 CRR-2323-2022

merit of the case.

The Special Leave Petition is disposed of

accordingly."

6. On receipt of the aforesaid order, CRR No.2323/2022 was restored and

victim also appeared before this court through counsel. Meanwhile, father of the

victim appeared before the registry of this court and filed IA No.11285/2024 on

12.07.2024 claiming that he neither preferred Special Leave to Appeal (Crl.)

No(s).3319/2024 before the Apex Court nor preferred IA No.8391/2024 for

restoring the Criminal Revision No.2323/2024 at its origi