Court No. - 72
Case :- APPLICATION U/S 482 No. - 2276 of 2019 Applicant :- Abhishek Rai Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
This application U/s 482 Cr.P.C. is directed against the charge sheet with an alternative prayer to refer the matter of the applicant to the Juvenile Board under Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as Act, 2000').
Learned counsel for the applicant has contended that in view of Section 12 of Act, 2000 ought to have been referred the matter for juvenility of the applicant once the Investigating Officer itself examined the applicant on 03.04.2017 and had in his report assessed his age to be only 16 years 7 months and 27 days i.e. less than 18 years as on the date of occurrence of the incident.
Per contra, the argument advanced by learned Additional Government Advocate is that since the charge sheet has already been submitted by the police after thorough investigation, the proper course for the applicant is to approach the court below for appropriate remedy.
In the considered opinion of the Court, the very object of Act, 2000 is to protect those who are juvenile and reformatory methods are adopted in respect of such accused persons. I therefore, consider it proper for the applicant to approach the court below through an Advocate in the first instance and apply for reference of the matter under the Act, 2000 within 30 days from today. In the event of such application moved, the court below shall proceed in accordance with law and shall pass appropriate orders within two weeks thereafter. It is further directed that in the event the court below directs for determination of juvenility of the applicant to the Board, the protection of 30 days granted herein above for no coercive measure against the applicant, shall continue to operate till the report is submitted and then the proceedings shall abide by the decision of juvenility of the applicant on application so moved by the applicant With the aforesaid directions, the present 482 Cr.P.C. application is hereby disposed of.
Order Date :- 21.1.2019/IrfanUddin