Anjani Tiwari vs State Of U.P. & Anr.
2021 Latest Caselaw 1565 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 33
 
Case :- CRIMINAL APPEAL No. - 10 of 2021
 

 
Appellant :- Anjani Tiwari
 
Respondent :- State Of U.P. & Anr.
 
Counsel for Appellant :- Dinesh Kr. Chaudhary
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Virendra Kumar Srivastava,J.

Heard Sri Dinesh Kumar Chaudhary, learned counsel for the appellant and Ms. Zeba Islam Siddiqui, learned A.G.A. for State and perused the record.

This criminal appeal has been filed under Section 101 of Juvenile Justice Care and Protection of Children Act, 2015 against the order dated 18.09.2020, passed by Special Judge Rape and POCSO Act/Additional Session Judge, Balrampur in Case Crime No.0279 of 2020, under Sections-363, 366A, 376 I.P.C. & 3/4 POCSO Act, Police Station-Kotwali Dehat, District-Balrampur, whereby the victim has been sent to Rajkiya Bal Grih Balika, Moti Nagar, Lucknow.

On 07.01.2021, the following order was passed :

"Heard learned counsel for the appellant, learned A.G.A. for the State and peruse the record.

Admit.

Learned A.G.A. has accepted notice on behalf of the opposite party no. 1.

Let notice be issued to opposite party no. 2.

Steps be taken within 3 days.

List this appeal in the week commencing 25.01.2021. Meanwhile, learned A.G.A. may file objections/counter affidavit."

Learned A.G.A. submits that as per instructions/information available to her, the victim, after her counselling, is willing to go with her parents.

From perusal of the record, it transpires that this appeal has been filed against the judgment and order dated 18.09.2020, passed by trial Court, whereby the victim, being minor, was sent to Superintendent, Rajkiya Bal Grih Balika, Moti Nagar, Lucknow, as she was not willing to go with her parents. Thus, there is no illegality in the order dated 18.09.2020 passed by trial Court.

Learned counsel for the appellant submits that in view of change of circumstances, he may be allowed to withdraw this appeal with liberty to file a fresh application before the concerned Court for a direction to release the victim to go with her parents.

Since, the victim, at present, is willing to go with her parents, in my view, learned counsel for the appellant may be permitted to withdraw this appeal with liberty to file a fresh application before the concerned Court.

In view of above, this appeal is disposed of with liberty to the appellant to file a fresh application before the concerned Court, who shall pass a fresh order as per law, regarding releasing the victim according her willingness, as early as possible, preferably within a period of two weeks from the date of filing of the said application.

Order Date :- 25.1.2021/Mahesh