ABHISHEK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Article 226 of the Constitution of India praying therein for issuance of an appropriate writ(s), order(s) or direction(s) to respondents Nos. 1 and 2 to make enquiry in relation to respondents Nos. 3 and 4 as to whether they are juvenile or not only in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') and to direct the Juvenile Justice Board (hereinafter referred to as 'the Board') to hold enquiry as provided under the said Act.

(2.) The petitioner/informant filed a petition before the Court of the Chief Judicial Magistrate, Palamau at Daltonganj (respondent No. 2) on 20-2-2002 stating therein that the enquiry about the accused as to whether they are juvenile or not can be made by the Board as required under the provisions of the said Act. The accused-respondent No. 4 also filed rejoinder to the said application and after hearing, the learned Additional Chief Judicial Magistrate, Palamau at Daltonganj (respondent No. 5) rejected the prayer of the petitioner by the order dated 27-2-2002. It is further stated that first information report was lodged against the accused persons including the respondent Nos. 3 and 4 for the offences under Section 302 and other Sections of the Indian Penal Code on the ground that all the accused persons had assaulted Vikas Kumar alias Ashis alias Panda. It was also alleged that the petitioner intervened during the said assault but the respondent No. 3 took out a dagger from the waist and gave a blow to Ashis alias Panda, as a result of which, he died.

(3.) Mr. V. P. Singh, learned Counsel appearing on behalf of the petitioner submitted that the Juvenile Justice Act, 1986 has already been repealed by the Juvenile Justice (Care and Protection of Children) Act, 2000, whereby and whereunder, it has specifically been provided under Section 4 of the said Act that if there will be a conflict in respect of juvenile, the Board shall enquire into the matter and submit a report as to whether the person is juvenile or not but the Court below committed error in rejecting the prayer of the petitioner and held that the learned Additional Chief Judicial Magistrate is empowered to enquire into the matter for determination of age by the order dated 27-2-2002. It is further argued that the Additional Chief Judicial Magistrate has got no power under the Act for holding enquiry about the determination of age when the determination of juvenile is in conflict with the law and, in the instant case, there is a conflict about the age of respondent Nos. 3 and 4 and, as such, the order impugned is fit to be quashed.