LAWS(ALL)-2019-11-302

SUMIT Vs. STATE OF U.P.

Decided On November 22, 2019
SUMIT Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Nitinjay Pandey, learned counsel for the revisionist and Sri B. A. Khan, learned A.G.A. for the State.

(2.) This criminal revision has been filed with a prayer to set aside the order dated 28.08.2019 passed by Additional District and Sessions Judge/F.T.C.-2, Gautam Budh Nagar in Criminal Juvenile Appeal No. 63 of 2018 (Sumit Vs. State of U.P.) and order dated 04.08.2018 passed by Juvenile Justice Board Gautam Budh Nagar in Criminal Case No. 161 of 2017, under Section 363, 323, 376 I.P.C. and 3/4 P.O.C.S.O. Act, Police Station Jewar, District Gautam Budh Nagar.

(3.) It is argued by the learned counsel for the revisionist that the impugned order dated 04.08.2018 has been erroneously passed by the Juvenile Justice Board whereby the case of the revisionist accused (juvenile) has been transmitted to the Court of Sessions finding the accused revisionist to be capable to understand the consequences of the offence, his physical capacity to commit such an offence and taking into consideration the circumstances in which he had allegedly committed the offence, after holding preliminary enquiry as provided under Section 14 and 15 of the Juvenile Justice (Care and protection of Children) Act, 2015 (hereinafter referred to as "Act, 2015"). Such order has been passed under Section 18 (3) of the Act, 2015.