VIKRAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed by Vikram sb Ram Kumar under Section 482 of the Code of Criminal Procedure for quashing the orders dated 7.11.1994 passed the Principal Magistrate, Juvenile Court and order dated 27.1.1995 passed by the learned Sessions Judge, Am bala.

(2.) To appreciate the question in controversy the important facts can be delineated. The petitioner along with others were arrested with respect to offences punishable under Sections 302/201/404/34 Indian Penal Code, Police Station City Kamal. The petitioner along with others were produced before the Chief Judicial Magistrate Kamal. Chief Judicial Magistrate, Kamal on 1.6.1994 passed the following order: Accused Parmod, Vikram and Rajesh are stated to be below 16 years of age. Ld. defence counsel have produced before me photo copies of Matriculation certificates of Vikram and Parmod, whereas birth certificates of Rajesh accused has also been produced which shows all three accused below 16 years of age and provision of Section 8 of Juvenile Justice Act. In view of this fact, I direct the Police Officer producing these three accused before the Juvenile Court, which is being presided over by Chief Judicial Magistrate. They be produced in Juvenile Court, Ambala today. Papers be sent forthwith.

(3.) Thereafter the petitioner claiming himself to be a juvenile preferred an application with the learned Sessions Judge, Ambala for admitting him to bail. The same was heard and decided on 4.8.1994. While disposing the said application, learned Sessions Judge Ambala on 4.8.1994 observed that merely because the Chief Judicial Magistrate, Kamal had prima facie found the petitioner and his co-accused as juvenile, will not give the right to the petitioner to seek bail on the ground that he is a juvenile. It was observed further that a definite finding should be given by the Juvenile Court that petitioner is a juvenile.