SONI SAXENA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jitendra Singh, learned counsel for the revisionist, Sri Vikesh Kumar Tiwari, learned counsel for the opposite party no. 2-the first informant and learned AGA for the State.

(2.) This criminal revision has been filed challenging the order dtd. 20/7/2023 and 23/8/2023 passed by the Child Welfare Committee, Shahjahanpur in relation to a matter arising out of case crime no. 01 of 2023 under Sec. 342, 376(3), 506 IPC and Sec. 5(dha)/6 POCSO Act, by which firstly she was put in a government protection home under Sec. 37(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015 by Child Welfare Committee vide order dtd. 20/7/2023 and further an application moved by her mother for taking her into her custody, was rejected by order passed by the Child Welfare Committee on 23/8/2023. By means of a supplementary affidavit filed by the revisionist an order passed by the appellate court on 31/10/2023 in an appeal preferred against the order dtd. 23/8/2023 whereby the appeal was dismissed on the ground that the children court had no jurisdiction to hear the same, has also been challenged in this criminal revision.

(3.) Relevant facts are as below:-