OM PRAKASH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sushil Kumar Singh Advocate, the learned counsel for the revisionist, Sri Anurag Verma, the learned A.G.A. I for the State and Sri Himanshu Shukla holding brief of Sri Alok Singh, the learned counsel for the opposite party No.2.

(2.) By means of the instant revision filed under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, the revisionist has assailed validity of the order dtd. 28/9/2013 passed by the Additional Sessions Judge IV, Sultanpur in Sessions Trial No.398 of 2000, State versus Paanchu and Others, arising out of Crime No.410 of 2000 under Ss. 323, 504, 302 IPC, Police Station Koorebhar, District Sultanpur, whereby the revisionist's plea that he was a juvenile at the time of the incident and he should be tried accordingly, has been rejected.

(3.) An interim order was passed in the revision on 24/10/2013 providing that the trial Court may proceed with the trial, but the judgment will not be delivered. The revision was dismissed for want of prosecution on 5/7/2019 and the interim restraint on delivery of judgment in trial also came to an end. The learned Counsel for the revisionist has made a request for urgent hearing of the revision as the trial Court has fixed 26/2/2024 for delivery of judgment. Accordingly, the case was taken up out of its turn and submissions of the learned Counsel were heard immediately after restoration of the revision.