Court No. - 8 Case :- CRIMINAL REVISION No. - 359 of 2009 Petitioner :- Shyam Lal Yadav Respondent :- State Of U.P. Petitioner Counsel :- Amitabh Tripathi,Manish Pandey Respondent Counsel :- G.A. Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the revisionist Shyam Lal Yadav, the learned AGA and
perused the record.
This is a criminal revision under section 53 of the Juvenile Justice (Care & Protection of
Children) Act, 2000 against the order dated 1.5.2009 passed by the Special Judge
(Gangster Act), Lucknow in criminal appeal no. 54 of 2009, whereby the learned Special
Judge quashed the order of the Juvenile Justice Board, Lucknow and remitted the matter
to the Juvenile Justice Board to decide the juvenility of the respondent no.2 afresh in the
light of the direction given in the remand order.
The learned counsel for the revisionist submitted that in an earlier case, the respondent
no.2 has been declared juvenile and if that order is taken into account for determining the
age in the present case, he will be major on the date of occurrence.
In view of the fact that the case has been remanded to the Juvenile Justice Board, the
entire question including the aforesaid submission may be raised before the Juvenile
Justice Board.
In case the aforesaid point is pressed before the Board, the same may also be given due
consideration and an appropriate order may be passed thereon expeditiously.
The revision is disposed of accordingly.
Order Date :- 10.5.2010
RKSh