MOHD BILAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Anubhav Trivedi, Advocate, learned counsel for the applicant and learned A G A for the State

(2.) The order dated 17-9-2005 passed by Juvenile Justice Board, State v Bilal and others, Crime No 112 of 2005, under Sections 307, 377 and 511 I P C relating to case Police Station Kotwali, Distnct Meerut has been challenged in this application

(3.) The submission on behalf of the applicant is that the applicant is aged about 14 years and student of class VIII and, therefore, he is a child within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as the Act) A criminal case was instituted at the instance of opposite party no 2 A copy of the first information report is annexed as Annexure-2 to the affidavit The complicity of the applicant came to light when the two arrested accused named the implication of the applicant in their confessional statement before the police State v. Mohd Bilal, Criminal Misc Writ Petition No 9339 of 2005 was filed and a Division Bench of this Court vide order dated 8-9-2005 stayed the arrest of the applicant for a period of three weeks and further directed that an application be moved before the Juvenile Justice Board A copy of the said order has been annexed as Annexure-3 In pursuance to the aforesaid order, an application was moved on 17-9-2005 before the Juvenile Justice Board, Meerut supported by an affidavit of the father of the applicant, which has also been annexed as Annexure Nos 4 and 5.