MAHBOOB HASAN MIYAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri I.M. Khan, learned Counsel for the applicant, Sri A.K. Sachan and J.S. Tomar for the complainant, Mr. Syed Ali Murtaza learned AG A for the State and perused the record.

(2.) This is a petition under Section 482 Code of Criminal Procedure for quashing the order dated 22.2.2008, passed by the learned Additional Sessions Judge (Fast Track Court No. 2), Bareilly in S.T. No. 462 of 1991, State v. Adeeb Miyan and Ors., whereby the learned Additional Sessions Judge has declared the applicant as juvenile under Section 2(K) of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter referred to as the 'Act of 2000') and instead sending the applicant to the Juvenile Justice Board, proceeded with the trial against him.

(3.) In the aforesaid sessions trial, the applicant Mahboob Hasan Miyan and one Adeeb Miyan are being tried jointly in respect of the charge under Section 302 IPC and the trial has reached the stage of defense evidence. The applicant moved applications dated 23.7.2005 and 6.8.2005 for declaring him as a juvenile on the ground that he was aged about 14 years on the date of occurrence. The Respondent filed an objection with the allegations that the trial was pending for defense evidence and the aforesaid applications had been moved to delay the conclusion of the trial. The learned Additional Sessions Judge, after considering the relevant materials, found that the applicant was less than 16 years and was, thus, a juvenile on the date of the occurrence and it accordingly declared him as a juvenile. But refused to send him to the Juvenile Justice Board and while doing so took into account the provisions of Section 20 of the Act.