SURAJ @ KISHAN Vs. STATE

JUDGEMENT

(1.) BY the present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C., petitioner has prayed for issuance of a writ for quashing of the judgment and order on sentence dated 18.4.2009 and 22.4.2009 respectively and for release of the petitioner, as he was juvenile on the date of commission of the offence.

(2.) NOTICE in this petition was issued. On the basis of the school leaving certificate filed by the petitioner, an enquiry was conducted and by an order dated 22.1.2013 the Superintendent Tihar Jail was directed to produce the petitioner before the Medical Superintendent, Safdarjung hospital who would constitute a Board and get the age determination test of the petitioner conducted and file a report before this court.

(3.) IT is no longer res integra that a plea of juvenility can be raised at any stage, even after all the remedies have been exhausted.