IMTIYAZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, "the Act") is directed against the order dated 16.07.2005 passed by the Sessions Judge (for short, "the Appellate Court" hereinafter) in Criminal Appeal No. 95/2005, whereby the Appellate Court dismissed the appeal filed on behalf of the petitioner and affirmed the order dated 03.06.2005 passed by the Principal Magistrate, Juvenile Justice Board, Udaipur (for short, "the Juvenile Justice Board" hereinafter) in F.I.R. Case No. 212/2003 dismissing the application under Section 12 of the Act filed on behalf of the petitioner.

(2.) I have heard learned Counsel for the petitioner and the Public Prosecutor appearing for the State. Perused the orders passed by the Appellate Court as also the Juvenile Justice Board.

(3.) The facts of the case are that the sister of the petitioner, viz. Ms. Mewaj Bano was abducted by one Shafi Mohammed. Shafi Mohammed was arrested and Ms. Mewaj Bano was recovered and they were brought at the Police Station, Arnod, district Chittorgarh. The allegation against the present petitioner is that he opened fire on Shafi Mohammed at the Police Station, as a result of which Shafi Mohammed died. A case under Section 302 Indian Penal Code was lodged against petitioner Imtiyaz Khan. The petitioner was arrested on 19.01.2003 and lodged in jail. Vide order dated 10.5.2005, the Additional Sessions Judge (Fast Track) No. 1, Pratapgarh, declared the petitioner as juvenile delinquent and as such the trial is being conducted by the Juvenile Justice Board. An application under Section 12 of the Act was filed on behalf of the petitioner for his release on bail, which stood dismissed by the Juvenile Justice Board vide order 3.6.2005 and the appeal against that order also stood dismissed by the Appellate Court vide impugned order dated 16.7.2005.