BIBI Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) With the consent of the parties, matter is taken up on board. In this writ petition under Section 561-A of the Code of Criminal Procedure read with Section 435 of the Code of Criminal Procedure, the petitioner seeks quashment of order dated 04-05-2016 passed by the trial Court.

(2.) Facts giving rise to filing of the petition briefly stated are that the petitioner is wife of late Abdul Rashid, who was allegedly murdered by respondents-3 and 4. Pursuant to the aforesaid incident, the First Information Report, namely, FIR No. 56/2015, dated 06-07-2015 was registered under Sections 302/307/147/148/149/429 RPC, in Police Station, Kud, Tehsil Chenani, District Udhampur and thereafter charge sheet was presented before the Chief Judicial Magistrate, Udhampur on 11-10-2015. During the course of trial, respondents-3 and 4 moved an application on the ground that they are juvenile. The trial Court on the basis of birth certificates issued by SHO, Police Station, Miran Sahib, passed an order dated 04-05-2016, by which the application preferred by respondents-3 and 4 was allowed. They were declared as juvenile.

(3.) It is not in dispute that the application preferred by the petitioner has been decided under the provisions of Jammu and Kashmir Juvenile Justice Act, 1997 which has already been repealed by The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 (hereinafter for short the Act, 2013).