MONU Vs. UNION TERRITORY

JUDGEMENT

(1.) For the reasons mentioned in the application as well as the arguments addressed, it is considered just and expedient to decide the case of the applicant/petitioner on merits rather than dismiss it on technical consideration of delay in filing the revision petition.

(2.) Accordingly, this application is allowed and delay of 19 days in filing the revision petition is condoned.

(3.) This petition was initially filed challenging orders dated 04.10.2016 and 07.10.2016 as well as order dated 10.01.2017 passed by the learned Additional Sessions Judge-cum-Judge, Special Court, Chandigarh whereby the petitioner's application for conducting ossification test of the prosecutrix was dismissed. The petitioner withdrew the prayer for setting aside order dated 10.01.2017 with liberty to file a separate petition qua the said order. The same is duly noted by this Court on 30.01.2017. The present petition thus survives qua challenge to orders dated 14.10.2016 and 07.10.2016 passed by the learned Additional Sessions Judge-cum-Judge, Special Court, Chandigarh. The petitioner's application under Sections 6, 7 and 7A of the Juvenile Justice (Care and Protection of Children) Act, 2007 (for short, the 'J.J. Act') read with rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short, the '2007 Rules') was dismissed vide impugned order dated 07.10.2016 after receipt of report of his ossification test directed to be conducted vide impugned order dated 04.10.2016 passed by the learned trial court. Petitioner has challenged both the said orders dated 04.10.2016 and 07.10.2016.