MOD. IQBAL GAJI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Avnish Kumar Srivastava, learned counsel for the applicant and Sri Brijesh Sahai, learned Senior Advocate assisted by Sri Bhavya Sahai, learned counsel for the opposite party no. 2.

(2.) By moving this application under Sec. 482 Cr.P.C. the applicant seeks to invoke the inherent jurisdiction of this court to quash the order dtd. 19/5/2017 passed by the Juvenile Justice Board, Agra in Misc. Application No. 109 of 2017 (arising out of Crime No. 131 of 2003) under Ss. 147, 148, 149, 307, 302 IPC, Police Station Kotwali, District Meerut by which the Juvenile Justice Board, Agra declared the convict/O.P. No. 2 a juvenile.

(3.) As per facts of the case Sessions Trial Nos. 668, 669 and 671 of 2003, Case Crime No. 131 of 2003 and 134 of 2003 respectively under Ss. 147, 148, 149, 307, 302 IPC and 25/27 Arms Act, Police Station Kotwali, District Meerut were decided by the trial court vide judgement dtd. 4/8/2007 and all the four accused persons were found guilty. The case was decided into capital punishment. Criminal Reference No. 21 of 2007 - State Vs. Khalid and others, was made to this court to confirm the capital punishment. The accused persons also filed Criminal Appeal No. 5169 of 2007 - Khalid and others Vs. State of U.P. before this court. Both the reference and criminal appeal were heard together by the Division Bench of this court. The reference was dismissed and the appeal was partly allowed vide judgment and order dtd. 5/9/2008. The death sentence was set aside and was commuted to life imprisonment i.e. imprisonment for whole life with this provision that the accused persons shall not be entitled to be considered for remission of sentence unless, they have undergone actual term of 20 years imprisonment including the period already undergone by them. The sentence of fine awarded to the appellants under Ss. 302/149 IPC as well as sentence of imprisonment and fine awarded to them under Ss. 307/149 and 148 IPC and the conviction of accused appellants Tahir and Moinuddin and the sentence awarded to them under Sec. 25 Arms Act were upheld. All the sentences of imprisonment were to run concurrently. The convict/opposite party no. 2 along with other co-accused persons was thereafter transferred to Central Jail, Agra to serve the sentence.