Smt. Bhanmati vs State Of U.P. And Anr.
2023 Latest Caselaw 35842 ALL

Allahabad High Court

Smt. Bhanmati vs State Of U.P. And Anr. on 19 December, 2023

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:240068
 
Court No. - 80
 

 
Case :- CRIMINAL REVISION No. - 2761 of 2013
 

 
Revisionist :- Smt. Bhanmati
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Revisionist :- Sudhir Mehrotra,V.P. Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Subhash Chandra Sharma,J.
 

List revised.

None appeared for the revisionist even in the revised call except learned A.G.A. for the State.

Since this is criminal revision and cannot be dismissed in default therefore it is decided on merit.

The present criminal revision has been preferred by the revisionist with a prayer to allow this application and to stay the effect and operation of the impugned judgment and order dated 30.08.2013 passed by Sri Jai Prakash Pandey, the learned Additional Sessions Judge, Court No. 2, Gorakhpur in Criminal Appeal No. 110 of 2013 (Gajju alias Bhagwan Vs. State) and further to direct the Court below to take the opposite party No. 2, into custody forthwith and sent him to protective home, during the pendency of the present criminal revision in this Hon'ble Court.

This criminal revision was filed against the orders passed by learned J.J. Board as well as learned appellate court on 13.08.2013 and 30.08.2013 by which the revisionist was released on bail by the informant.

It is contended by learned A.G.A. that in this case there was charge under Section 376/511 I.P.C. and 9D/10 POCSO Act against the revisionist in which learned J.J. Board while considering the relevant provisions of bail and the age of the opposite party that was 12 years released him on bail against which appeal was filed but learned appellate court also confirmed the order while dismissing the appeal.

Considering the facts and circumstances of the case, submission made by learned A.G.A., perusal of record, the orders passed by learned J.J. Board as well as learned appellate court, it appears that the opposite party/ child was aged about 12 years at the time of alleged incident and there was no any possibility of his coming into association with hardened criminals and there was no any possibility of his involvement in physical and psychological dangerous activities, as a result he was released on bail and learned appellate court also considered the facts of the case and passed the order while dismissing the appeal. There appears no any illegality or impropriety in the orders passed by learned J.J. Board as well as learned appellate court, therefore this criminal revision is liable to be dismissed.

Accordingly, this criminal revision is hereby dismissed.

Order Date :- 19.12.2023

Suraj Srivastav