RAKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482, Cr. P.C. is directed against the order dated May 10, 1989, of the Additional Chief Judicial Magistrate, Nohar, dismissing the application of the accused Rakesh Kumar for referring the case to the Children Court on the ground that he was not below 16 years of age.

(2.) In support of the application, the accused had produced the copies of the transfer certificate, horoscope certificate of the Head Master Shri Bahadur Ram Jat, Model School Samiti, Purani Abadi, Sri Ganganagar, certificate of the P A THSHALLA and the affidavits of Sant Lal and Mewa Devi. The learned Additional Chief Judicial Magistrate, without holding an enquiry and by not relying on the aforesaid documents, held that the accused did not appear to be below 16 years of age. In my opinion, the learned Magistrate ought to have held an enquiry regarding the question whether the accused was below 16 years of age on the date of the occurrence. This having not been done, the order of the learned Magistrate is difficult to be sustained. Against the aforesaid order of the Additional Chief Judicial Magistrate, the accused filed a revision before the Additional Sessions Judge, Nohar but the same was dismissed by the order dated July 13, 1989, on the ground that the revision was not maintainable.

(3.) Accordingly, the petition under section 482, Cr. P.C. is accepted and the order of the Additional Chief Judicial Magistrate dated May 10, 1989 and the order of the Additional Sessions Judge. Nohar, dated July 13, 1989 are set-aside and the Additional Chief Judicial Magistrate is directed to hold an enquiry as to the question whether the accused was below 16 years of age on the date of the occurrence and was a child within the meaning of the Childrens Act Petition accepted.