LAWS(ALL)-2018-4-571

GURJEET SINGH Vs. STATE OF U P

Decided On April 09, 2018
GURJEET SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Shashi Kumar Mishra, learned counsel for the revisionist and Sri Shyamdhar Yadav, learned AGA along with Sri Kulveer Singh, learned counsel appearing for the State and perused the lower court record.

(2.) This criminal revision has been preferred from an order of Sri Ravindra Kumar, First, learned Additional District & Sessions Judge, Court No.1, Kasganj dated 25.07.2017 dismissing Criminal Appeal No.24 of 2017 under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and affirming an order of the Juvenile Justice Board, District Kasganj dated 30.06.2017 refusing bail to the revisionist in Case Crime No. 94 of 2017 under Sections 377, 504 IPC and Section 3/4 POCSO Act, P.S. Ganjdundwara, District Kasganj.

(3.) Notice to the opposite party no. 2 was directed to be issued by RPAD vide order dated 06.03.2018. A perusal of the office report dated 07.04.2018 shows that the notice issued to opposite party no. 2 was sent out in compliance with the Court's order dated 06.03.2018. But a service report relative to the same has not been received back so far. In case of notice issued by registered post, there is a presumption that unless the registered cover is received back undelivered, the same is deemed to be delivered in due course of post. Thus, service upon opposite party no. 2 is held sufficient.