NEERAJ SINHA @ NEERAJ SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 21.3.2005 passed by the Chief Judicial Magistrate, Motihari in Complaint Case No. 1261/03 thereby and thereunder he has taken cognizance under Sections 420, 468 and 471 of the Indian Penal Code against the petitioner and four others including the Chief Medical Officer, Dr. D.P. Mandal.

(2.) IT appears from the record that the Opposite Party No. 2 was accused in Sessions Trial No. 567/92 arising out of Banjaria RS. Case No. 30/92. In course of trial a Medical Board was constituted to ascertain the age of Opposite Party no. 2. Vide Medical Board report dated 4.9.1993, the Board ascertained the age of Opposite Party No. 2 as between 16 to 17 years. However, later on again the trial court referred the matter to the Medical Board to reassess the age of Opposite Party No. 2 after giving specific findings on certain points.

(3.) IN course of the trial again Opposite Party No. 2 raised the matter of juvenile which was rejected twice vide order dated 26.6.2002 and 11.3.2003.