HAYGRIVACHARYA @ HARE RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the order dated 28.08.2012, passed by 1st Additional Sessions Judge, Rishikesh, District Dehradun, in Criminal Case No. 106 of 2011, captioned as Haygrivachayra @ Hare Ram vs. Rajendra Prasad Rai and another, and direct the Appellate Court to consider the case of the applicant under the Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) ON a complaint of Rajendra Prasad Rai (respondent no.2 herein), a complaint case bearing no. 1110 of 2011 was instituted against Haygrivacharya @ Hare Ram, Swami Janardanacharya, Vijay Dhawan, Onkar, Jagannathacharya and Govind Das, under Sections 147, 323, 324, 325, 452, 504, 506 and 120 -B of IPC. In the said case, Hare Ram and Onkar were convicted for the offences punishable under Sections 452, 323, 324, 504 and 506 of IPC and were sentenced accordingly vide judgment and order dated 08.11.2011, passed by learned Additional Judicial Magistrate, Rishikesh. Aggrieved against the same, a Criminal Appeal was preferred on behalf of the convicts.

(3.) IT is the submission of learned counsel for the applicant that the Criminal Appeal preferred by co -accused Onkar has been dismissed. Learned counsel for the applicant has given this statement on the basis of the statement of respondent no.2, Rajendra Prasad Rai. Hare Ram (present applicant), took a plea of juvenility before the learned Lower Appellate Court. His plea of juvenility was dismissed vide judgment and order dated 28.08.2012. Aggrieved against such order, present Application under Section 482 Cr.P.C. has been filed on behalf of Haygrivachayra @ Hare Ram.