LAWS(JHAR)-2023-6-24

WASIM ANSARI Vs. STATE OF JHARKHAND

Decided On June 27, 2023
WASIM ANSARI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. B.M. Tripathi, learned senior counsel for the petitioner and Mr. Shreenu Garapati, learned S.C.-III for the State.

(2.) This petition has been filed for quashing of the order dtd. 23/12/2014, passed by the learned Judicial Magistrate, Ranchi, whereby, he has been pleased to refer the petitioner to the Medical Board for assessment of his age, on the basis of estimation and also for quashing of the order dtd. 14/2/2015, passed by the learned Judicial Magistrate, Ranchi, whereby, on the basis of the assessment of the age of the petitioner, based on the estimation of Medical Board, the learned Magistrate has held the petitioner was major on the alleged date of occurrence, in connection with S.T. No. 131 of 2012, arising out of Mandar P.S. Case No. 15 of 2014 corresponding to G.R. No. 714 of 2014, pending in the court of learned Additional Judicial Commissioner-I, Ranchi.

(3.) At the outset, Mr. B.M. Tripathi, learned senior counsel appearing for the petitioner has submitted that now the petitioner has been convicted and the petitioner has preferred an appeal, which is pending. He further submitted that by one of the order, this writ petition was directed to be listed along with Criminal Appeal (DB) No. 563 of 2019. He further submitted that however, by order dtd. 23/9/2021, the Division Bench segregated the aforesaid writ petition and directed to place before the appropriate Bench. He submitted that is how the present writ petition has been listed before this court.