PRABHAWATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ABA No.543/2020 has been filed by the applicants, who are apprehending their arrest in connection with CR No.63/2020dated 2.5.2020 registered with Wadhona Police Station, Tq. Udgir, District Latur, for the offences punishable under Sections 302 , 307 , 143 , 147 , 148 , 149 of IPC and under Section 135 of Maharashtra Police Act.

(2.) At the outset, it is to be noted that applicant No.4 - (XYZ), is now stated to be 18 years of age and this has been stated by way of an amendment. But, if we consider his application before the Sessions Judge, he had given his age as 16 years. His Passing Certificate of SSC Board shows that his date of birth is 22.7.2002. The offence in this case is stated to have taken place, as per the FIR, on 1.5.2020. That means, on the date of the offence, applicant No.4 was minor and, therefore, he would be a juvenile.When the question regarding maintainability of application of applicant No.4 was raised, learned Advocate appearing for the applicants, on instructions, sought withdrawal of the application with liberty to approach the competent authority at appropriate stage. Accordingly, the application in so far as it relates to applicant No.4 stands disposed of as withdrawn with liberty as prayed.

(3.) Criminal Application No.1350/2020 has been filed by original informant to assist APP and there is no hurdle in allowing the same. Hence, CriminalApplication No.1350/2020stands allowed and disposed of.