Arbaj vs State Of U.P. And 2 Others
2021 Latest Caselaw 7105 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 9127 of 2021
 

 
Applicant :- Arbaj
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Kulveer Singh,Santosh Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Nagendra Srivastava, learned AGA for the State.

2. This application U/S 482 Cr.P.C. has been filed seeking quashing of the proceedings of Session Trial No.12 of 2019 (State Vs. Arbaj) pending before the Court of Additional District Judge, Court No.8, POCSO Act, Muzaffar Nagar, under Section 363 IPC and Section 16/17 of POCSO Act, Police Station-Khatauli, District-Muzaffar Nagar and for quashing of charge-sheet and cognizance order etc.

3. Learned counsel for the applicant has placed reliance on the order passed by a co-ordinate Bench of this Court on 27.05.2019 in Habeas Corpus Writ Petition No.148 of 2019, wherein, it has come on record that as per the school record, the corpus was aged about 14 years at the relevant point of time, but learned counsel for the applicant submits that Hon'ble co-ordinate Bench relied on the ossification test and allowed the corpus to go with petitioner no.1.

4. Sri Nagendra Srivastava, learned AGA for the State, in his turn, submits that no advantage can be drawn from this order dated 27.05.2019, because it appears that either provisions of the Juvenile Justice Act, especially those contained in Section 94 were either not placed before the co-ordinate Bench or the order was obtained keeping the Court in dark about such provisions of the Juvenile Justice Act, 2015.

5. It is further submitted that there is a Division Bench judgment of this Court dated 30.06.2021 passed in Habeas Corpus Writ Petition No.390 of 2021 (Vandana @ Bandana Saini and Another Vs. State of U.P. and 5 Other), wherein it is held that School Leaving Certificate will have precedence over ossification test.

6. Placing reliance on this judgment, it is submitted that school record is to be placed and ossification test cannot take precedence over the school record.

7. In view of such facts, Sri Shukla, counsel for the applicant prays for filing of the Admission Register from the school, which was duly certified by the Headmaster/Principal/Block Education Officer, showing the date of birth of the victim.

8. Let this document be filed within seven days from today.

9. List this case on 13.07.2021.

Order Date :- 6.7.2021

Ashutosh