(1.) No counter affidavit filed despite repeated opportunities given to the respondent No.1. Hence the petition is being finally disposed of.
(2.) This is a revision against the order dated 27-2-1996 passed by the Vth AddI. Sessions Judge, Gorakhpur in Criminal Appeal No. 54 of 1995 and the order dated 22-9-1995 passed by the learned Munsif. Juvenile Court. Gorakhpur in Misc. Case No. 10 of 1995, State v. Janardan Pandey.
(3.) Now it is not very much in dispute that the revisionist Janardan Pandey was a juvenile i.e., below 16 years, on the date on which the crime is alleged to have been committed. i.e., 29-11- 1986. As per the High School Certificate his date of birth is 8-1-1971. Therefore, on the date of the alleged crime, admittedly, the revisionist was a juvenile, of course, now he is no more a juvenile.