NASARUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned A.G.A. for the State and perused the record. A 13 years old? girl is said to have been kidnapped by the applicant. Learned counsel for the applicant has argued that the applicant? is innocent? and he has committed no offence and? he is a juvenile. He? further submitted that question of juvenility was raised before the learned Magistrate while seeking bail but he did not determine the? question of juvenility and ignored the matter like anything? and have mentioned in his order rejecting the bail? that the applicant appears to be? hale and hearty aged about above 18 years. Learned A.G.A. has opposed the bail but conceded the fact? that if the question of juvenility has been raised then in view of amendment of section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, the court concerned is under legal obligation to decide the question of juvenility first and then pass the order according to law.

(2.) SECTION 7-A of Juvenile Justice (Care and Protection of Children) Act, 2000 reads as under :-

(3.) APART from the aforesaid legal aspect my attention has been drawn by learned counsel for the applicant towards the extract of Kutumb Register showing the year of birth of the applicant as 1998 and in that view of the matter the applicant appears to be below 14 years. The position being so the special enactment of Juvenile Justice (Care and Protection of Children) Act, 2000, has been enacted by the Parliament to deal with such situation and, therefore, this Court has no jurisdiction to entertain the bail of the applicant under section 439 Cr.P.C. With the result application for bail is rejected with the liberty to the applicant to knock the door of the learned Magistrate afresh to get his status of juvenility? determined? according to the procedure established by law. Learned Magistrate is directed to decide the question of juvenility within three months from the date of filing an application in that regard by the applicant followed by the disposal of the bail application by him or by Juvenile Justice Board as the case may be, if made afresh by the applicant.