Deepak vs State Of U.P.
2016 Latest Caselaw 2482 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 14759 of 2016
 

 
Applicant :- Deepak
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Narendra Singh Chahar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Kaushal Jayendra Thaker,J.

By way of this petition, the petitioner - Deepak has prayed for the following reliefs:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 7.1.2016 passed by Juvenile Justice Board, Agra, as well as order dated 29.2.2016 passed by Juvenile Justice Board at Muzaffarnagar and further be pleased to direct the Juvenile Justice Board to determine the age of applicant on the date of incident and to declare him as juvenile so that justice may be done, otherwise the applicant will suffer irreparable loss."

It goes without saying that the Court at Muzaffarnagar, according to learned Counsel for the applicant, has declared him juvenile vide order dated 4.1.2014.

Learned A.G.A. to take instructions and file his Counter-affidavit on or before 6.7.2016 as, prima facie, it appears that once the Court at Muzaffarnagar has declared him juvenile, the order dated 7.1.2016 rejecting him to lodge in the juvenile prison, prima facie, appears to be bad. However, it is submitted by the learned A.G.A. that instead of filing the counter-affidavit, the order dated 7.1.2016 passed by Juvenile Justice Board, Agra, be quashed and they be directed to study the order dated 4.1.2014 of a competent Addl. District & Sessions Judge, Muzaffarnagar, and pass judicial order on or before 1.8.2016.

The submission of learned A.G.A. is just and proper. The order dated 7.1.2016 is quashed. The Juvenile Justice Board, Agra, is directed to study the order dated 4.1.2014 of competent Additional District & Sessions Judge and pass judicial order on or before 1.8.2016 and if the accused is found to be a juvenile, follow the judgment of this Court dated 24.5.2012 passed in Criminal Writ (PIL) No.855 of 2012.

In view of this, this Misc. Application under Section 482 Cr.P.C. is partly allowed.

Orders accordingly.

Order Date :- 11.5.2016

Irshad