ANKIT KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant S.B. Criminal Revision Petition is preferred by petitioner-complainant (father of deceased) aggrieved from order dtd. 6/3/2018 in sessions Case No. 15/2018 passed by learned Additional Sessions Judge, No.2, Alwar whereby learned Additional Sessions Judge while considering application under Sec. 7-A of Juvenile Justice Act has allowed the application and declared respondent Nos. 2 and 3 as juvenile and directed SHO P.S. Shivaji Park, District Alwar to file a separate charge-sheet against them before the Juvenile Justice Board, Alwar.

(2.) Learned council for complainant while placing reliance upon Kanaram Saini Vs. State of Rajasthan 2018 (3) CJ (Cri.) (Raj.) 1326 submits that after coming into force of Juvenile Justice (Care and Protection of Children) Act 2015, the age of any person can be determined only in accordance with Sec. 94 of the Act, but herein this case, the learned Additional Session Court without going through the legal position has used the provision of Juvenile Justice Act 2000, which was already repealed on date of consideration of matter. He submits that the Trial Court has not only committed serious error, but acted contrary to the provision of applicable law.

(3.) Aforesaid contentions were supported by learned Public Prosecutor but learned counsel for respondent Nos. 2 and 3 submitted that after the direction dtd. 6/3/2018, a charge- sheet has already been filed before the Juvenile Justice Board, Alwar and after the charge-sheet, the entire trial has been completed. He further submits that the matter is at final stage, therefore, it is not appropriate to set aside the impugned order.