SURAJ SINGH (MINOR) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) N.S. Dhanik, J.:- This Criminal Miscellaneous Application, under Sec. 482 CrPC, is preferred to quash/set-aside the cognizance/summoning order dtd. 2/11/2018 passed by the learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Case Crime No. 3359 of 2018, "State v. Kulwant Singh", under Ss. 452, 323, 504 and 506 of IPC, registered at Police Station Khatima, District Udham Singh Nagar.

(2.) Facts of the case are that an FIR was lodged on 16/3/2018 at Police Station Khatima, District Udham Singh Nagar with the allegation that on 15/3/2018 at about 6:00 p.m. there was some altercations between the Reena Kaur and Rajwinder Kaur which was subsided at that time. Thereafter at about 02.00 a.m. the accused who were having sword and rod in their hand entered into the house of the reporter; assaulted the reporter and his family members; used filthy language and threatened them for dire consequences. After investigation, police submitted the charge-sheet and thereafter the trial Court summoned the accused applicants to face the trial.

(3.) Learned counsel for the applicant submits that the present applicant was shown as major and his date of birth shown as 1983, however, the applicant is a minor and his actual date of birth is 1/9/2003 and the Investigating Officer despite knowing the fact that the present applicant is a minor has deliberately shows him as major. He further submits that the applicant is a minor of about 16 years of age and falls under the Juvenile Justice (Care and Protection of Children) Act, 2015.