AHITHASAM @ SADDAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is posted for orders on office objections. The office objection is to the effect that the present petition is said to be filed against, an interim order and that a revision petition would not lie against the same.

(2.) THE learned counsel for the petitioner however, would point out that this question of maintainability is no longer res -integra as not withstanding the fact that an interim order is under challenge, in effect as the same would render finality to the proceedings as to the claim for a declaration that the petitioner is a juvenile and that he should be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (Hereinafter referred to as the 'JJ Act', for brevity). There is substance in the contention, the office objection is not tenable.

(3.) THE concerned police had formed a team to investigate the veracity of the certificate produced and had visited the State of Bihar and had made enquires as regards the genuineness or otherwise, of the certificate produced by the petitioner, and had filed a report to state that the certificate could be accepted and that it was a genuine certificate. The Court below, however, has negated the said report and has held that the petitioner is not a juvenile, as no authenticated document has been produced, such as a birth certificate and has rejected the claim of the petitioner that he be treated as a juvenile. It is this order which is sought to be challenge in this petition.