NARESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rama Kant Jayswal, learned counsel for the applicant, learned AGA for the State and perused the record.

(2.) Learned counsel for the applicant while pressing the application for considering the applicant's juvenility submits that during the pendency of Sessions Trial No.366/2000 arising out of Case Crime No.167/1999 under Sections 302, 352 I.P.C., P.S.-Atrauli, District-Hardoi, on 20.10.2010, an application has been moved on behalf of the applicant/Naresh Kumar Dixit for declaring him as juvenile, which was rejected vide order dated 09.06.2015 passed by Additional Sessions Judge/Special Judge (E.C.Act), Hardoi. Against the said order, Criminal Revision No.402 of 2015 has been filed before this Court, which was allowed by order dated 204.2016. The operative portion of the same reads as under :-

(3.) In view of the order dated 22.04.2016, an another application has been moved for considering the claim of the juvenility of the accused, which was rejected vide order dated 15.07.2016 passed by the trial court on the ground that the final judgment in the matter in question has been passed on 04.04.2016. Thereafter, the same was challenged by the applicant by filing Criminal Revision No.821 of 2016 before this Court, which was disposed of vide order dated 30.08.2016. The operative portion of the same is being quoted herein below :-