MOHD AJEEM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed by the petitioner under Section 397/401 read with Section 482 Cr.P.C. and Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short the Act) praying inter alia for setting aside the order dated 3.4.2010 passed by the learned ASJ, dismissing the application filed by the petitioner under Section 7-A of the Act for transferring his case to the Juvenile Justice Court in case FIR No.79/2007 lodged with PS Ambedkar Nagar under Section 302/34 IPC.

(2.) Briefly stated, the facts of the case are that a FIR was registered on the complaint of one Shri Anish Malik with PS Ambedkar Nagar on 30.1.2007, stating inter alia that the petitioner and another accused, namely Salim, had an altercation with one Shri Sakir, known very well to the complainant, and they jointly assaulted Shri Sakir in his presence. The complainant stated that the petitioner and the other co-accused ran away from the spot while he and his brother rushed the victim to Safdarjung Hospital, where he died on account of the fatal assault. The petitioner and the other co-accused were arrested in February 2007.

(3.) An application was filed by the petitioner on 22.11.2008 under Section 7-A of the Act for holding an inquiry to determine his age. Vide order dated 04.02.2009, the trial court held that the petitioner was not a juvenile on the date of the incident and dismissed his plea for medical examination to ascertain his age. Aggrieved by the said order, the petitioner filed a revision petition before this Court, registered as Crl. Rev. P. No.258/2009, which was allowed vide order dated 16.7.2009. The trial court was directed to conduct an inquiry as to the age of the petitioner, in accordance with the mandate of Rule 12(3)(b) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (in short the Rules).