Ram Sumer vs State Of Up And 3 Ors.
2023 Latest Caselaw 16226 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:111972
 
Court No. - 89
 

 
Case :- CRIMINAL REVISION No. - 1005 of 2020
 

 
Revisionist :- Ram Sumer
 
Opposite Party :- State Of Up And 3 Ors.
 
Counsel for Revisionist :- Parmeshwar Yadav
 
Counsel for Opposite Party :- G.A.,Shailendra Singh
 

 
Hon'ble Sanjay Kumar Pachori,J.

1. Sri Parmeshwar Yadav, learned counsel for the revisionist and Sri Vijay Kumar Pandey, brief holder for the State are present. No one has appeared on behalf of the opposite party no. 2, even in the revised call.

2. The present criminal revision has been preferred to set-aside the judgment and order dated 20.12.2019 passed by Sessions Judge, Maharajganj in Criminal Appeal No. 60 of 2019, whereby the appellate court affirmed the order dated 12.09.2019 by which the Child Welfare Committee has sent the victim to Rajkiya Mahila Sharnalay, Ghantaghar, Gorakhpur, after deciding the date of birth of the victim as 01.01.2004 on the basis of High School Certificate. The victim was 16 years old at the time of passing of the order.

3. Learned counsel for the revisionist fairly submits that the victim is presently residing with the revisionist. The appellate court has not considered the ossification test report of the victim.

4. Learned A.G.A. pointed out that no document has been produced by the revisionist before the appellate court as well as before Child Welfare Committee with regard to another date of birth of the victim. It is further submitted that the present criminal revision has became infructuous due to release of the victim from Rajkiya Mahila Sharnalay, Ghantaghar, Gorakhpur, after attaining the age of majority .

5. In view of the above, the present criminal revision has no merit and is liable to be dismissed.

Order Date :- 22.5.2023

Ishan