ANAND KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of the order dated 1.12.2010 passed by the C.J.M, Koderma in Koderma (Telaiya) P.S. Case No. 127 of 2010, corresponding to G.R. No. 206 of 2010 by which he refused to pass any order on the petition of the petitioner dated 18.11.2010 stating the reason that by his earlier order dated 10.8.2010 he had already refused the claim of the petitioner to declare him juvenile.

(2.) DURING course of investigation Jitendra Kumar was apprehended, who confessed his guilt stating that he had killed Tarun Kumar after gaging his mouth and had thrown his dead body in the well for the reason that Tarun Kumar had been teasing his sister since long. He also confessed the complicity of the petitioner Anand Kumar Verma that he had taken advice from the petitioner as to whether Tarun Kumar should be killed or not and the petitioner advised him to eliminate Tarun. After investigation, charge -sheet was submitted under Sections 302/201 and 120 -B of the Indian Penal Code against the petitioner -Anand Kumar Verma and other four accused namely Jitendra Kumar, Nishant Raizy Tigga, Vishal Choudhary, Anand Kumar Verma and Sanjay Kumar Das, accordingly, cognizance of the offence was taken against them.

(3.) IT is relevant to mention that after the appeal was dismissed, the petitioner had again filed a petition before the C.J.M. for remitting his case record by splitting up from the original record to the Juvenile Justice Board, Koderma for determination of the age but the same was also rejected only on the ground that he had already rejected the prayer of the petitioner on 22.4.2010 by determining him to be a major. There was no need to pass any further order on subsequent petition of the petitioner dated 18.12.2010 and accordingly by the order dated 1.12.2010 the petition of the petitioner dated 18.11.2010 was also disposed of by the C.J.M.