CRLA/42/2008
2022 Latest Caselaw 679 UK

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         Date       or directions                    COURT'S OR JUDGES'S ORDERS
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      10.03.2022                     CRLA No. 42 of 2008
                                     Sri S.K. Mishra, A.C.J.
                                     Sri R.C. Khulbe, J.

Mr. Rajendra Singh, the learned counsel for the appellant nos. 2 and 3.

Mr. J.S. Virk, the learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, the learned Brief Holder for the State of Uttarakhand.

Since, none is appearing on behalf of the

appellant no. 1 - Imran @ Mana, and we have already

sent an intimation to the appellant no. 1 - Imran @

Mana, who is claiming juvenility during the commission

of the crime, that his counsel is unable to appear in the

Court because he is in custody in a criminal case, we,

hereby, appoint Mr. M.K. Ray, the learned counsel, as

the Amicus Curiae on behalf of the appellant no. 1 -

Imran @ Mana, to argue the case.

This case involves only one question at present.

The appellant no. 1 was convicted by the learned Trial

Court by judgment and order dated 15.02.2008. The

judgment and order of the learned Trial Court was

confirmed by this Court by order dated 20.03.2013.

Thereafter, the matter was carried to the Hon'ble

Supreme Court by filing Special Leave to Appeal (Crl) No. 7543 of 2013. The Hon'ble Supreme Court

dismissed the said Appeal, and confirmed the order

passed by this Court dated 20.03.2013.

Now, after disposal of the Special Leave to

Appeal (Crl) No. 7543 of 2013 by the Hon'ble Supreme

Court, the appellant no. 1 has claimed juvenility. So,

the only question that has to be determined in this

case is whether, after disposal of all criminal

proceedings, the appellant no. 1 - Imran @ Mana can

take advantage of the proviso to sub-section (2) of

Section 9 of the Juvenile Justice (Care and Protection of

Children) Act, 2015, and what should be the duties and

responsibilities of this Court in this regard.

Registry is directed to hand over the paper-book

to the learned Amicus Curiae.

List this case on 22.03.2022.

        (R.C. Khulbe, J.)             (S.K. Mishra, A.C.J.)
          10.03.2022                      10.03.2022
Rahul