MOHAN NISHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA and perused the record.

(2.) After his challan the applicant Mohan Nishad claims himself to be juvenile stating his age to be 17-years at the time of the incident and had adduced documentary evidence. Since his application was moved under Section 439 Cr.P.C, therefore, on this technical ground this application was rejected.

(3.) This order of Session Court is erroneous. Such application cannot be rejected merely on the ground of mentioning of incorrect section. Such application and matter should have either been enquired by the Court itself under the provision of Juvenile Justice (Care and Protection of Children) Act, 2000 or should have been sent to Juvenile Justice Board. Since the matter relates to a person who claims himself to be juvenile then his plea of juvenility has to be inquired into before disposing of his bail application.