Nem Singh (Minor) vs State Of U.P. And Another
2021 Latest Caselaw 1996 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL REVISION No. - 297 of 2021
 

 
Revisionist :- Nem Singh (Minor)
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Revisionist :- Chandra Bhan Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble J.J. Munir,J.

This revision has been filed from an order of the Additional District and Sessions Judge, F.T.C., Budaun dated 09.11.2020 passed in Sessions Trial No. 98 of 2019 summoning the revisionist to stand his trial for offences punishable under Sections 304/34,323/34,452, 504, 506 I.P.C. alongside the charge-sheeted accused. A perusal of the impugned order shows that the evidence of PW-1, recorded in the dock which has been subjected to cross examination, shows that the three accused, which includes the revisionist, in concert, assaulted the deceased with sticks (Lathi, Danda) leading to fatal injuries. The Trial Judge has also looked into the case diary and found a prima faice case against the revisionist.

It is submitted that the revisionist was a minor aged about 16 years on the date of occurrence. The fact that the revisionist was a minor aged about 16 years would make a little difference to the validity of the order under Section 319 Cr.P.C. Once the revisionist has been summoned, he has locus to question his trial before the regular Court as an adult on the ground of juvenility but that does not detract from the validity of the impugned order. So far as the impugned order is concerned, there is evidence which is clearly stronger than that required to frame charges against a charge-sheeted accused as held by the Supreme Court in Hardeep Singh vs. State of Punjab and others, (2014) 3 SCC 92. There is no illegality in the impugned judgment.

This revision fails and is dismissed.

Order Date :- 3.2.2021

BKM/-