JAI KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) I have heard the respective submissions of both the sides and perused the record.

(2.) By way of instant Criminal Revision order impugned dated 10.12.2013 passed by Additional Sessions Judge, court no.4, Bulandshahr in S.T. No.546 of 2011 (State Vs. Jai Kumar) has been challenged whereby the learned Additional Sessions Judge has rejected application 5-B moved on behalf of the revisionist for declaring him juvenile.

(3.) Brief sketch of the facts relevant for disposal of this revision trickles down to the extent that one criminal revision was previously preferred before this Court numbered as 4405 of 2011, Om Prakash Vs. State, wherein also the matter of juvenility was under consideration pertaining to order dated 10.8.2011 passed by the Additional Sessions Judge, court no.9, Bulandshahr in S.T. No.546 of 2011, State Vs. Jai Kumar, under Sections 302, 504, 506 IPC arising out of case crime no.222 of 2010, police station Shikarpur, S.T. No.547 of 2011, State Vs. Jai Kumar, under Section 25/27 Arms Act arising out of Case Crime No.61 of 2011. Aforesaid revision was preferred before this Court under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, basically against order dated 10.8.2011 passed in S.T. No.546 of 2011 whereby the present revisionist was declared juvenile, which juvenility order was under challenge. Thereafter on consideration of the entire matter, and the law applicable in the case this Court vide order dated 4.7.2013 categorically observed that the inquiry conducted in the matter of determination of juvenility is wanting substantially in proper detail and no proper inquiry has been conducted by the trial court, in respect of juvenility of the present revisionist and the matter was consequently remanded for consideration afresh and the impugned order declaring the revisionist juvenile dated 10.8.2011 passed by Additional Sessions Judge, court no.9, Bulandshahr in S.T. No.546 of 2011 and 547 of 2011 was set aside.