AARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An extremely limited prayer has been made before this Court for directing the Additional District and Sessions Judge No.2, Deeg, District Bharatpur, to dispose of the criminal Appeal No.9/10, entitled Aarif Vs. State of Rajasthan, within a period of one month.

(2.) The brief facts of the case are that on 01.07.2010 a FIR, FIR No.235/2010, was lodged at Police Station, Nagar for offences under Section 394 IPC against the petitioner. On 27.07.2010, the petitioner was arrested. The petitioner moved an application before the learned Magistrate praying therein that he be declared as a Juvenile. Vide order dated 23.10.2010, the learned Magistrate rejected the application and declared the petitioner as minor. Against the order dated 23.10.2010, the petitioner preferred a criminal appeal before the learned Judge. On 29.10.2010, the learned Judge while issuing the notice, fixed the next date as 8.12.2010. Since the petitioner is aggrieved by the inordinate long date that has been given by the learned Judge, therefore, this petition before this Court.

(3.) Mr. Azad Ahmed, the learned counsel for the petitioner, has contended that it is imperative that the age of an offender be decided as soon as possible. Therefore, the inordinate long date is clearly unjustified. Moreover, such a long date violets the fundamental rights of the petitioner under Article 21 of the Constitution of India.