RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. B. Agarwal, J. This petition has been filed under Section 482 Cr. P. C. for issuance of a direction to the trial Court for medical examination of the petitioner in order to ascertain the age of the petitioner, so that the matter in question as to whether the petitioner; was or was not juvenile on the date of occurrence may be adjudicated and till then the proceedings in S. T. No. 367/2003 under Section 302/201pending in the Court of 1st Additional Sessions Judge, Faizabad shall remain stayed.

(2.) HEARD Sri Abdul Rafey Siddiqui, Advocate, from the side of the petitioner and A. G. A. from the side of State of U. P.

(3.) LEARNED Sessions Judge appears to have rejected both; the applications rejecting the age of the applicant on the basis of his apparent body looks and body structure. This approach in my opinion is contrary to the law laid down by the apex Court in the aforesaid law cited above and to the provisions of the Juvenile Justice Act, 56 of 2000. The applicant petitioner was required to be examined medically and he must have been given opportunity of hearing to produce evidence before passing any order on his applications, but this has not been done by the Court concerned, hence the order passed by the 1st Additional Sessions Judge concerned cannot be held justified. This Court in exercise of its powers under Section 482 is empowered to pass any order in order to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Hence, petition may be allowed and the impugned orders passed by the 1st Additional Sessions Judge may be set aside.