KHUSHABUDDIN ALI Vs. STATE OF U.P

JUDGEMENT

(1.) This Revision, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ''the Act') is directed against a judgment and order passed by Mr. Lakshmi Kant Shukla, learned Special Judge POCSO Act, Kushinagar at Padrauna dated 07.11.2019 dismissing Criminal Appeal no.57 of 2019 and affirming an order passed by the Juvenile Justice Board, Kushinagar at Padrauna, dated 11.09.2019, refusing bail to the revisionist in Case Crime no.315 of 2019, under Sections 363, 366, 376, 506 IPC and Section 3/4 of the POCSO Act, Police Station Kotwali Padrauna, District Kushinagar.

(2.) Notice was issued to opposite party no.2 vide order dated 20.12.2019. A perusal of the office report dated 27.02.2020 shows that service upon opposite party no.2 has been effected through his daughter. Service report is on record marked with Flag - A. The service report submitted by the Chief Judicial Magistrate, Kushinagar at Padrauna, dated 22.01.2020 shows that opposite party no.2 has been served through his daughter, Sukanya Yadav. Duplicate of the notice issued bears acknowledgment of receipt by Sukanya Yadav. Service upon opposite party no.2 is, therefore, held sufficient. No one has put in appearance on behalf of the complainant/ opposite party no.2.

(3.) Heard Sri Rajesh Kumar Mall, learned Counsel for the revisionist and the learned A.G.A. appearing on behalf of the State.