MASOOK ALI KHAN Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Kulshrestha, J. Heard the learned Counsel for the applicant and also the learned AGA and perused the materials on record.

(2.) THIS application under Section 482 of the Code of Criminal Procedure (in short 'the Code') has been brought for quashing the order dated 5-9-2003 passed by the Addl. Sessions Judge-I, Bhadohi in ST No. 187 of 2002, State v. Azam Khan, whereby holding the O. P. No. 3 Sri Azam Khan to be Juvenile without adopting the procedure as contemplated under Sections 49 and 54 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the Act) which came into force on 1-4-2001. Since the legal points are involved in this case and so no notice is given to the OP No. 3. The incident is said to have taken place on 12-7-2002 and so the provisions of the Act shall be applicable in the present case. There is arrangement under Section 54 of the Act that "a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow as far as may be the procedure laid down in the Code of Criminal Procedure, 1973 (2 of the 1974) for trails in summons cases. The learned Addl. Sessions Judge proceeded to make the determination of the age in view of the powers conferred to him under Section 6 (2) of the Act. From the perusal of the impugned order it appears that he took into consideration certain school certificate and affidavits and also the medical certificate issued by the doctor on X-ray report. Procedure of summons case has not been adopted by him. Even no witness was examined by him. Only on the basis of the allegations made in the complaint, such proceedings were decided.