GANGA @ GANGADHAR SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Section-482 Code of Criminal Procedure has been filed by the Petitioner-Ganga @ Gangadhar Sethy seeking to challenge the order dated 02.01.2009 passed by the learned J.M.F.C, Aska in G.R. Case No. 114 of 2008, whereby, a petition filed by the accused-Petitioner claiming to be a juvenile as on the date of occurrence came to be rejected.

(2.) It appears from the case record that an F.I.R. was registered on 28.3.2008 for alleged commission of offence under Sections 302, 307, 326, 109, 120-B.I.P.C. read with Sections 25(1-B) (a) & 27 of the Arms Act. In course of investigation, the present Petitioner along with other accused persons were arrested and forwarded to the judicial custody. The present accused-Petitioner filed a petition before the learned J.M.F.C, Aska on 26.06.2008 claiming therein that his date of birth is 12.05.1991 and as such prayed to be declared as a 'juvenile' and to be provided with the benefits under the Juvenile Justice (Care and Protection of Children) Act, 2000. This petition came to be rejected by order dated 02.01.2009, which is the subject matter of challenge in the present proceeding.

(3.) Mr. M. Kanungo, learned Counsel for the accused-Petitioner placed reliance on Rule-12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 and in particular Sub-Rule 3 thereof which is quoted herein below.