Kalloo & Another vs State Of U.P.
2018 Latest Caselaw 585 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL APPEAL No. - 190 of 2008
 
Appellant :- Kalloo & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- M.L. Syal,Abhishek Singh,Km. Ambica Tripathi,Mohd. Sabir Farooqui,Prabhat Kumar Upadhyay,Shashi Kiran Arya,Suneel Kumar Verma,Sushil Kumar Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Prashant Kumar,J.

Hon'ble Dinesh Kumar Singh,J.

(C.M. Application No.30123 of 2017)

An application filed on 10th March, 2017 under the Juvenile Justice (Care and Protection of Children) Act (hereafter referred to as 'Act') for declaring the appellant no. 2-Sant Kumar alias Shaan as juvenile in view of certificate issued by Basic Shiksha Parishad, Lucknow dated 20.05.2002 wherein his date of birth was disclosed as 5th May, 1989.

It appears from the lower court record that the appellant in his statement recorded under Section 313 Cr.P.C.on 12th July, 2007 had disclosed his age 23 years. Keeping in view the aforesaid statement this Court on the earlier occasion has already rejected the application of appellant under Section 7A of the Act vide order dated 26.7.2016.

Under such circumstance, we are not inclined to entertain this second application with the same prayer because it amounts to review of earlier order and the Court dealing with criminal matters has no power to review its earlier order.

Accordingly, this application is hereby dismissed.

Order Date :- 16.5.2018

MVS Chauhan/-