SANJEEV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been placed before the Division Bench in pursuance of the order passed by the Hon'ble Mr. Justice K.S. Garewal dated 21.02.2002 referring the question, whether the petitioner is a "juvenile in conflict with law" in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as 'the new Act') and would be entitled to all its benefits.

(2.) CRIMINAL Miscellaneous No. 1201-M of 2002 is the bail application of the petitioner, who has filed the instant revision petition. Therefore, the revision petition as well as criminal miscellaneous petition filed by the petitioner are being disposed of together by this common order.

(3.) THE learned Magistrate considered the question of the age of the accused at the time of commission of offence and vide the impugned order held that the petitioner is not a juvenile under the old Act and the case against him is triable by the court of Sessions. Vide separate order, the learned magistrate committed the case to the Court of Sessions for trial. It is the order passed by the Magistrate holding that the case against the petitioner is triable by the Court of Sessions being not a "juvenile" under the old Act, is impugned in the present petition.