LALLAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 30-10-2001, passed by the Sessions Judge, Chandauli in S.T. No 28 of 2001, holding accused Ram Singh, opposite party No. 2 as juvenile under Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) Heard learned counsel for the applicant, learned A.G.A. and Sri Ashwani Mishra learned counsel for the opposite party No. 2 and perused the record.

(3.) The opposite party No. 2 was facing trial in S.T. No. 28 of 2001, under Section 498-A, 304-B, and 201, IPC and 3/4 Dowry Prohibition Act. The occurrence took place on 18-6-1997. The case was committed to the Court of Sessions by the Magistrate prior to 30-12-2000 and the trial against the opposite party No. 2 was pending on 30-12-2000. Before the Sessions Judge the applicant moved an appliction for declaring him juvenile. The above application was opposed by the prosecution on the ground that the provisions of the Juvenile Justice (Care and Protection) Act, 2000, hereinafter called the Act is not applicable to the present proceedings.