PUNEET VASUDEVA Vs. STATE

JUDGEMENT

(1.) The present revision petition has been filed under Section 397/401 and under section 482 Cr. P. C. read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act 2000 hereinafter referred to as (the Juvenile Act) assailing the order dated 19.4.2007 passed by the Ld. ASJ (Fast Track Court) in the proceedings arising out of the FIR no. 797/2005 registered under sections 392/202/411/34 IPC read with Sections 25/54/59 of the Arms Act of Police Station Prashant Vihar.

(2.) The basic issue raised by the petitioner in this case is that the second respondent Radhey Shyam who claimed himself to be juvenile by moving an application before the learned Additional Sessions Judge on 18.3.2007 should not have been so adjudged by the learned Additional Sessions Judge relying upon a school certificate and the second respondent should not have been sent to the Juvenile Justice Board by holding that he is less than 18 years of age on the date of the commission of offence without recording the evidence.

(3.) To support his submission, the petitioner has relied upon the proceeding prescribed under Section 54 and Section 7 (A) of Juvenile Justice Act which reads as under:-