Santosh Kumar Yadav vs The State Of Jharkhand
2021 Latest Caselaw 2819 Jhar

          IN        THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr.M.P. No. 999 of 2021
              Santosh Kumar Yadav                     .....     ...    Petitioner
                                           Versus
              1. The State of Jharkhand.
              2. Ayush Kumar Thakur
              3. Aman Kumar Thakur                 .....  ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. Shailendra Kumar Tiwari, A.P.P.

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05/ 10.08.2021 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

Mr. Suraj Singh, learned counsel appearing for the petitioner submits that by the order dated 02.05.2019, learned Principal Magistrate, Juvenile Justice Board, Chaibasa, on the basis of School Admission Register, has declared the O.P. Nos. 2 and 3, as juvenile, which is against the mandate of law. He further submits that O.P. Nos. 2 and 3 were required to produce their school certificates for such determination. He further submits that the case of the petitioner is fully covered by the judgments of Hon'ble Supreme Court in the case of Ram Vijay Singh Versus State of Uttar Pradesh, passed in Criminal Appeal No. 175 of 2021 [arising out of SLP (Criminal) No. 2898 of 2020] and also in the case of Hari Ram Versus State of Rajasthan and Anr., passed in Criminal Appeal No. 907 of 2009 [arising out of SLP (Criminal) No. 3336 of 2006] In the light of the above, learned counsel for the State is directed to seek instruction and file counter affidavit in the matter within four weeks.

Let notice be issued to O.P. Nos. 2 and 3, under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within two weeks.

Till the next date, the order dated 02.05.2019, passed by the learned Principal Magistrate, Juvenile Justice Board, Chaibasa, in Misc. Case No. 12 of 2019, arising out of Muffasil P.S. Case No. 44 of 2019, corresponding to G.R. No. 233 of 2019 shall remain stayed.

Post this mater on 20.10.2021.

(Sanjay Kumar Dwivedi, J.) Amitesh/-