ABHAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has come to this court for quashing the entire criminal prosecution arising out of Sarai P.S. Case No. 57 of 1994 filed for offences under Section 384 of the I.P.C. having the maximum punishment of three years or fine or both. The case of the petitioner is that he is a juvenile as the same would appear from order dated 30.5.1995 granting bail to the petitioner. In the aforesaid order, the learned Magistrate noticed that petitioner is of tender age and appears to be a minor. The petitioner refers to Annexure -3, a certificate dated 4.9.1991, granted by Central School, Bailey Road, Patna stating the date of birth of the petitioner to be 5.2.1980. Police after investigation submitted charge -sheet whereafter cognizance was taken for offences under Section 384 I.P.C, on 24.7.1996. Thereafter the case was transferred to another court for trial. Charges were framed against the petitioner and two others on 25.6.1997. Petitioner 'scase was splitted as he was a juvenile.

(3.) LEARNED counsel for the petitioner submits that case of petitioner proceeded in the Court of ACJM, Hajipur. No evidence was produced on behalf of the prosecution on 8.2.2003 and 20.2.2003. Pursuant to the direction of this court, the case was directed to be heard by a juvenile court, as such, the case was again placed on the file of the ACJM, Hajipur as it was discharging the function of the Juvenile Board. He also submits that from 6.7.2005 uptill 10.6.2007, no witness was produced. Only on 11.6.2007 a witness was produced, on which date petitioner did not appear on account of unavoidable circumstances, consequently the Magistrate issued NBW against him. He submits that he has already filed a quashing application against order issuing Non - Bailable Warrant of arrest, which is pending hearing.