NAZEEM Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has challenged the order dated 30.6.2007 passed by the learned Additional Sessions Judge, Bhopal in criminal appeal No.67/2007, whereby it was found that the applicant was above 18 years of age and therefore, he could not be said to be a juvenile at the time of the incident and hence, the order dated 23.2.2007 passed by the Principal Judge, Juvenile Justice Board, Bhopal in an unregistered MJC "Nazeem Vs. State of Madhya Pradesh" was confirmed.

(2.) The prosecution's case, in short, is that, a case was registered as crime No.122/2006 against the applicant for the offence punishable under section 302 of IPC by the Police Station Khajuri Sadak, Bhopal and a charge-sheet was filed before the JMFC, Bhopal and case was committed. In the bail application moved by the applicant, he raised a ground that he was a juvenile and therefore, the learned Third Additional Sessions Judge, Bhopal vide order dated 17.10.2006 released the applicant on bail with the direction that an enquiry may be done for assessment of age of the applicant and therefore, the applicant had moved an application under section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter it will be referred to as 'the Act'). After due enquiry, the Presiding Magistrate of Juvenile Justice Board vide order dated 23.2.2007 found that the applicant was above 18 years of age.

(3.) I have heard the learned counsel for the parties.