SONU ALIAS NOOR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, one of the F.I.R named accused of Sessions Trial No. 202 of 2006 arising out of Arrah (Town) P.S. Case No. 2004, has prayed for the quashing of the order dated 11.9.2007 passed in the said Sessions Trial by the learned Presiding Judge, Fast Track Court No.ll, Bhojpur at Arrah, wereby he has rejected the petition of the petitioner for being declared a juvenile and to bifurcate his case from the others and sending it to the Juvenile Board for the requisite.

(2.) IT appears from perusal of the impugned order that the plea of the petitioner being a juvenile on the day of occurrence (20.7.2004) was based on the basis of the date inscribed in the admit card granted to him by the Bihar School Examination Committee which was 5.11.1990. The plea was sought to be turned down on the ground that a photostat copy and not the original copy of the admit card had been produced in the court and secondly the learned Chief Judicial Magistrate on production of the petitioner before him on 21.7.2004 had assessed his age as 20 years. The court also relied on the submission of the learned A.P.P. that the charge having been framed as far back as on 12.9.2006 and the trial was fixed for prosecution evidence, the petition had been filed to delay the trial.