MOOL CHAND Vs. STATE

JUDGEMENT

(1.) THE instant petition under Section 482 Cr. P. C. has been filed against the order dated 11. 10. 2004 of the learned Addl. Sessions Judge, Shahpura District Jaipur in Criminal Case No. 9/2004 arising out of FIR No. 138/2004 PS Shahpura for the offences under Sections 392 and 365 IPC whereby the learned court below has held that the petitioner is more than 18 years of age and is not a juvenile.

(2.) THE relevant facts are that on the complaint of complainant Rajendra Singh, the aforesaid FIR came to be registered on 11. 3. 2004. As the petitioner was not represented by a learned counsel, amicus curiae was appointed who filed an application stating that the date of birth of the petitioner was 5. 7. 1987 as per the transfer certificate (TC) issued by the Government Middle School Paota and he being a juvenile, his case should be sent to the Juvenile Justice Board for trial whereupon the learned court below conducted the so called inquiry with regard to his age and held as indicated above holding that the petitioner is not a juvenile vide impugned order. Aggrieved by the said order, the petitioner has filed the instant petition.

(3.) CONSEQUENTLY, the petition is allowed and the order dated 11. 10. 2004 of the learned Addl. Sessions Judge, Shahpura is quashed and set aside and the matter is remitted to the competent authority with the direction to conduct the inquiry in accordance with the provisions of Section 49 of the Juvenile Justice (Care & Protection of Children) Act, 2000 and keeping in view the provisions of Rule 22 (5) of the Rajasthan Juvenile Justice (Care & Protection of Children) Rules, 2002 with regard to the age of the petitioner within a period of one month from the date of filing of certified copy of the order. .