Vikas Chaudhary vs State Of U.P. And Another
2016 Latest Caselaw 6773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 
Case :- APPLICATION U/S 482 No. - 33260 of 2016
 
Applicant :- Vikas Chaudhary
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vijay Prakash Chaturvedi
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Yashwant Varma, J.

Heard learned counsel for the applicant and learned A.G.A for the State.

Notice shall be issued to opposite party no. 2 returnable within four weeks.

All noticed respondents may file their replies within the aforesaid period.

Place this matter on 22nd December, 2016, before the appropriate Court.

Submission of learned counsel for the applicant is that as per the High School Certificate of the juvenile, he was 17 years of age on the date of occurrence of the incident mainly 26th July, 2016. Referring to the amendment, which has been brought about by the 2015 Act, it is his submission that the Sessions Judge was firstly liable to undertake an inquiry as contemplated under Rule 12. It is his submission that the preliminary assessment contemplated has not been under taken.

The matter requires consideration.

Till the next date of listing further proceedings in Misc. Case No. 5 of 2016 ? (State Vs. Vikas Chaudhary) arising out of Case Crime No. 1452 of 2016 Under Sections 363, 366, 376 I.P.C & ¾ P.O.C.S.O Act & 3 (2) V, S.C. / S.T. Act, Police Station - Shohratgarh, District ? Siddharth Nagar, shall remain stayed.

Order Date :- 03.11.2016

Vinod.