VASEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this criminal misc. petition filed under Section 53 of the Juvenile Justice (Care and Protection of Children Act), 2000, the petitioner has prayed to quash and set-aside the order dated 28th October, 2009 and 3rd November, 2009.

(2.) Heard learned counsel for the parties and carefully perused the relevant material on record.

(3.) Having considered the submissions made at the bar and carefully scanned the order dated 3rd November, 2009 rendered by Special Judge (SC/ST) (Prevention of Atrocities) Cases, Alwar and order-sheet dated 7th December, 2009 recorded by this Court in the instant petition, it is noticed that the age of the petitioner was not determined in accordance with law by the Juvenile Court, as a result of which the Special Judge vide order dated 3rd November, 2009 remitted the case back to the Juvenile Court directing to ascertain the age of the petitioner in accordance with the provisions of law. It is also noticed that vide order dated 7th December, 2009, this Court also directed the Juvenile Board to give report as to whether the petitioner was juvenile or not. To my view this Court ordered the Juvenile Board to give the report with regard to ascertainment of the age of the petitioner. The appellate court is also found to have issued similar directions.