LAWS(MPH)-2013-3-227

JUNED HASAN Vs. STATE OF M P

Decided On March 06, 2013
Juned Hasan Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This revision petition has been filed by applicant being aggrieved by order dated 28.3.2012 passed by First Additional Sessions Judge, Raisen in ST No. 112/2011 whereby an application filed by the applicant under Section 7(1) of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'Juvenile Justice Act') has been dismissed and applicant has not been declared as juvenile.

(2.) It is undisputed on record that applicant filed a Criminal Revision No. 1898/2011 on the basis of observation made by the trial Court in dismissal of application under Section 438 of Cr.P.C. to the effect that applicant's age is more than 18 years. Aforesaid revision petition has been withdrawn with liberty to file an application under Section 7(1) of Juvenile Justice Act for determination of the age before the Sessions Court.

(3.) Facts, in short, giving rise to this petition are that applicant claiming himself to be juvenile on the date of incident i.e. 6.6.2010, the date of commission of alleged offence under Sections 147, 148, 149, 323, 506, 307 and 302 of IPC read with Section 25/27 of the Arms Act.