BRAJESH KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed the instant Criminal Revision application for quashing the order dated 12.6.008 passed in Criminal Appeal No.14 of 2008 by Sri Uma Shankar Prasad Sinha, Ist Additional Sessions Judge, Hazaribagh and order dated 18.1.08 passed in Mandu P.S.Case No.275 of 2006 corresponding to G.R.No.2467 of 2006 by the learned Chief Judicial Magistrate, Hazaribagh whereby the learned court has refused to declare the petitioner as Juvenile.

(2.) THE case of the prosecution, in brief, is that the informant Sanjay Kumar Gupta has lodged an F.I.R stating therein that he has got one Ration shop and one cloth shop. While the informant was sitting in the cloth shop and his younger brother Pramod Kumar was sitting in the Ration shop at about 7.30 P.M. on 25.8.2006, 7 -8 miscreants came to his shop and demanded money form both the brother and told them to give the money otherwise they will finish them. The two miscreants have taken Rs. 60,000/ -from their shop. When the informant and his brother started run away then one of the miscreant injured his brother by knife and he also fired the informant which hit him at the left side of his stomach and bleeding started. Thereafter, the four miscreants took the informant inside of his house and demanded the key, money and jewelery and they again fired on the right side of his stomach. All the four miscreants looted the articles of the house and took away one lakh and ten thousand rupees and ornaments of the ladies from the godrej Almeera. The informant has further stated in the F.I.R. that the person who injured him was known to the informant and his name is Sanjay Kumar Yadav. The informant has claimed to identify other three miscreants and he has given the description of the miscreants. On this information a case was registered under Sections 395/ 397 and 412 I.P.C. against Sanjay Kumar Yadav and 7 -8 unknown persons. On investigation, the name of the petitioner has come on confessional statements of the co -accused and he was remanded to Judicial Custody on 27.11.2007. During the pendency of the case, the petitioner filed an application before the C.J.M. Hazaribagh for declaring him for Juvenile as his date of birth in 15.6.1992 in the School Register and in the Transfer certificate.

(3.) THE petitioner was also examined by the Medical Board. According to the report of the Medical Board dated 5.1.2008 the age of the petitioner was twenty years on 24.12.2007. The learned counsel of the petitioner submits that another case bearing Mandu P.S.Case No. 276 of 2006 which was registered against the petitioner under Sections 25(1 -b) A/26/27 of the Arms Act for the same occurrence and in the said record the learned Judicial Magistrate vide order dated 5.1.2008, has assessed the age the petitioner less than 16 years and he has declared him as minor and the trial of the said case is pending before the Juvenile Justice Court, Hazaribagh. It is further submitted that in the said case the learned Judicial Magistrate has passed his order on the basis of the oral evidence adduced on behalf of the petitioner.