Mohd. Shah Alam vs State Of U.P. And Another
2023 Latest Caselaw 6724 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 7590 of 2023
 

 
Applicant :- Mohd. Shah Alam
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Sanjay Kumar, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

This application under Section 482 Cr.P.C. has been filed challenging the order dated 03.02.2023 passed by Chief Judicial Magistrate, Mau in Criminal Case No. 2563 of 2014 (State of U.P. Vs. Aslam and Others) whereby non-bailable warrant as well as coercive process under Section 82/83 Cr.P.C. has been issued against accused-applicant and further for a direction to court below to decide the application dated 11.07.2022 filed by applicant that his matter be refferred to Juvenile Justice Board as on the date of the incident, the applicant was a juvenile.

Per contra, the learned A.G.A. has opposed the present application.

He submits that the issue as to whether, the juvenility of an accused can be decided only by the Juvenile Justice Board or by the Court which is seized of the matter is no longer res-integra and stands settled by the judgment of this Court in Vishal Singh @ Pitarsan Vs. State of U.P. 2022 (8) ADJ 517. On the above premise, the learned A.G.A. submits that the juvenility claimed by the applicant can be decided by court below also. However that by itself does not permit the applicant to avoid the proceedings of the Court. It is thus urged that no indulgence by granted by this Court in favour of applicant.

When confronted with above, the learned counsel for applicant could not overcome the same.

As a result, present application fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 1.3.2023/Vinay