LAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern the disposal of Cr. R. No. 436/08, as in both these revisions parties are one and the same and the order under challenge is also relating as to whether the petitioner is juvenile or not. In Cr. R. No. 436/08 the order under challenge is dated 8-1-2008 passed by jmfc, Indore in the MJC No. 221/07, whereby the learned Trial Court has held that the age of the petitioner is more than 18 years. In Cr. R. No. 738/08 the order under challenge is dated 30-4-2008 passed by Juvenile Court, Indore Criminal case No. 249/07. A copy of this order be also retained in the record of Cr. R. No. 436/08.

(2.) SHORT facts of the case are that the petitioner is an accused for an offence punishable under Sections 395 and 397 of IPC for which S. T. No. 366/07 is pending, in which the date of offence is dated 28-3-2007. Another case is pending against the petitioner is for the offence punishable under Sections 302, 394 and 397 of IPC, wherein the date of offence is 29-3-07 and for which S. T. No. 367/07 is pending. Third case pending against the petitioner is for the offence punishable under Sections 394 and 397 of IPC, wherein the date of offence is dated 28-3-2007, which has been registered as S. T. No. 368/07. All the aforesaid cases are pending in the Court of Sessions Judge, Indore. Before the Sessions court it was alleged that the date of birth of petitioner is 1-3-1990, therefore, the petitioner was juvenile on the date of offence. Hence, it was prayed that an inquiry be made regarding the date of birth of the petitioner. Learned Sessions judge sent the matter before the Juvenile Justice Board for holding an inquiry regarding the age of the petitioner. After holding the inquiry by the impugned order passed in both the cases, learned Court below held that the petitioner is not juvenile, against which present petitions have been filed.

(3.) A preliminary objection was raised by the Counsel for the respondent that against the impugned order the remedy of appeal is available under Section 52 of Juvenile Justice (Care and Protection of Children) Act (hereinafter referred to as 'the Act'), hence the revision petition itself is not maintainable.