MUMTAJ AHMAD Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This is an application under Sec. 482 Crimial P.C. for quashing the order dated 17.6.93 passed in session Trial No. 602 of 1991, by 13th Addl. District and Sessions Judge, Meerut. The order, Annexure '4' reads as under:

(2.) The brief facts legding to the order are that a charge-sheet under Sec. 307. I.P.C. under Sec. 25 of the Arms Act was filed against Mumtaj etc. Offence under Sec. 25 of the Arms Act being triable by a Magistrate, charge-sheet was filed in the court of the Magistrate and the charge-sheet under Sec. 307 I.P.C. led to the commitment of the accused to the court of Sessions.

(3.) In the proceedings under Sec. 25 Arms Act the accused Mumtaj raised a plea before the 7th Addl. Chief Judicial Magistrate, Meerut that on the date of incident, (14.4.1988) he was below 16 years of age and therefore, his cast is triable by the Juvenile Court. By order dated 16.7.92, the learned Magistrate sent the case, under the Arms Act, to be tried by the Juvenile Court.