LOKNATH PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Satish Trivedi, learned Senior Advocate assisted by Mr. Abhishek Srivastava, learned counsel for the revisionist, Mr. A.K. Pandey, learned counsel for the opposite party no. 2 and learned AGA for the State respondent.

(2.) THIS Criminal Revision, under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short Juvenile Justice Act) is directed against the impugned judgment and order dated 19.8.2011 passed by the Addl. District and Sessions Judge, Gorakhpur in Criminal Appeal No. 68 of 2011 filed under Section 52 of the Juvenile Justice Act whereby the appeal filed by opposite party no. 2 was allowed and he was declared juvenile in conflict with law and the order of court below dated 7.2.2011 passed by the Principal Magistrate, Juvenile Justice Board, Gorakhpur in Case Crime No. 654 of 2010, under Sections 302/34 IPC and Section 7 of Criminal Law Amendment Act, P.S. Cantt, District Gorakhpur was set aside.

(3.) RESPONDENT no. 2 filed criminal appeal No. 68 of 2011 (Kuldeep Pandey Vs State of UP and others) which was allowed by Addl. Sessions Judge/Special Judge (E.C. Act) Gorakhpur vide order dated 19.8.2011 and the claim of Juvenility was approved by the leaned Sessions Judge. This order is under challenge before this Court.