CHHOTU @ RANVIJAY Vs. STATE OF M.P.

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application filed under Section 482 of the Cr.P.C on behalf of applicant/accused Chhotu @ Ranvijay. It is directed against the order dated 25.04.2014 passed by the First Additional Judge to the Court of First Additional Sessions Judge, Panna, in Criminal Revision No.122/2012, whereby the order dated 29.09.2012 passed by the Court of Chief Judicial Magistrate in Criminal Case No.1415/2012 holding that applicant/accused Chhotu @ Ranvijay is not a juvenile, was affirmed.

(2.) The facts giving rise to this miscellaneous criminal case may briefly be stated thus: A charge-sheet was filed by P.S. Kotwali, Panna, in Crime No.376/2012 under Sections 147, 148, 149, 294, 323, 324, 336, 506 (Part II), 307 and 302 of the IPC and Sections 25/27 of the Arms Act, against applicant Chhotu @ Ranvijay and eight other co-accused persons. In the charge-sheet the age of applicant Chhotu @ Ranvijay was shown as 18 years.

(3.) Applicant Ranvijay moved an application before the Court of CJM, Panna under Section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter referred to in this order as "the Act" ). It was submitted therein that applicant Ranvijay was a juvenile on the date of the offence; therefore, the police be directed to file charge-sheet against him before the Juvenile Justice Board. It was further submitted that the date of birth of applicant Ranvijay was 16.06.1994. As such, on the date of the offence i.e. 10.06.2012, his age was 17 years 11 months and 24 days. In support of his claim, applicant filed an affidavit of his father Durgraj Singh as well as the copy of the marks-sheet of High School Certificate Examination issued by the Board of Secondary Education Madhya Pradesh, Bhopal. Applicant also filed certificate issued by the Principal of Shanti Niketan High School, Panna and also examined Principal Lokendra Singh Yadav to prove the Scholar Register maintained in the school.