RAJESH KUMAR UPADHAYAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS quashing application has been filed seeking setting aside of the order dated 3.4.2000 whereby the petitioners were directed to face trial along with the major accused persons of the case (Complaint Case No. 32 of 1996, Tr. No. 743 of 2000).

(2.) PETITIONERS ' lawyer submitted that the petitioners were minor on the date of occurrence of this case which occurred in the year 1995 and so their case should have been separated and referred to the Juvenile Justice Court instead of directing their trial along with the major accused persons of the case.

(3.) HOWEVER , so far petitioner no. 1, Rajesh Kumar Upadhayaya is concerned, the lower court concerned is perfectly justified. But so far petitioner no. 2, Brijesh Kumar Upadhyaya is concerned, the court has referred to Section 27 of the Code of Criminal Procedure and on the basis of this provision, he has held that this petitioner was major on the date of his appearance in the court. He was accordingly directed to be tried along with other accused persons of the case. In this connection, I am to refer to Section 5 of the Juvenile Justice Act wherein it has been laid down that -