PANKAJ KUMAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Jain, J. This is an application under Section 482, Cr. P. C with a prayer that the applicant who, according to him, is a juvenile, may be tried separately by a juvenile court, Varanasi.

(2.) THE brief facts of the case are that on 18th Sept. , 1993 one Narottam Chandgotia was attacked with knife by accused Ram Babu and the applicant Pankaj Kumar Tripathi was standing there with a knife in his hand. According to the prosecution, accused Pankaj Kumar and Ram Babu has taken lift from the deceased Narottam Chandgotia in his car and they committed his murder while travelling by the same car. Both the accused are alleged to have been caught red-handed by the people who were present there.

(3.) THE main contention, raised on behalf of the accused applicant, is that the only "competent court" which means a juvenile court, can determine the age of the offender and that the C. J. M. or any other authority has no such power.