LAWS(ALL)-2020-10-91

AKASH Vs. STATE OF U.P. AND ORS.

Decided On October 05, 2020
AKASH Appellant
V/S
State of U.P. and Ors. Respondents

JUDGEMENT

(1.) This revision is directed against an order of Smt. Pooja Singh, Special Judge (POCSO)/ XIth Additional Sessions Judge, Kanpur Nagar dated 30.03.2019 dismissing Criminal Appeal No.30 of 2019 and affirming an order of the Juvenile Justice Board, Kanpur Nagar dated 16.02.2019 refusing bail to the revisionist in Case Crime No.530 of 2018, under Section 376 IPC and Section 3/4 of the POCSO Act, Police Station Panki, District Kanpur Nagar.

(2.) Notice was issued to opposite party no.2 by this Court vide order dated 14.05.2019. According to the office report dated 31.07.2019, notice has been received back after personal service, detailed in the report, placed at Flag-A. A perusal of the said report shows that the Chief Metropolitan Magistrate, Kanpur Nagar has indicated through his memo dated 26.06.2019 that the notice issued by this Court has been personally served by Head Constable no.787 on opposite party no.2. Service upon opposite party no.2 is, therefore, held sufficient. No on appears on behalf of the said opposite party.

(3.) Heard Sri P.S. Yadav, learned Counsel for the revisionist and the learned A.G.A. appearing on behalf of the State.