Court No. - 73
Case :- APPLICATION U/S 482 No. - 40582 of 2016 Applicant :- Munasir Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pinku Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 28.10.2016 passed by Sessions Judge, Amroha as well as order dated 29.09.2016 passed by Chief Judicial Magistrate, Amroha in Case No. 21 of 2013 (State Vs. Akram) arising out of Case Crime No. 407 of 2012, under Sections 302, 323 IPC, Police Station Mandi Dhanaura, District Amroha.
Although application was moved by the applicant before the Juvenile Justice Board for declaring him juvenile in conflict with law and it was dismissed in none presence yet fresh application for enquiring of juvenility is not barred. Applicant ought to have move a fresh application for declaring him juvenile in conflict with law. Juvenile Justice Board is enough competent to decide the juvenility on the basis of second application. Thus, there is no need to pass order on this application invoking jurisdiction under Section 482 Cr.P.C.
Thus, the application is disposed of at this stage itself directing the applicant to move fresh application before the Juvenile Justice Board. If such application is moved, Juvenile Justice Board is hereby directed to enquire the matter in accordance with law to ascertain the facts mentioned in the application.
Order Date :- 25.7.2019 Sanjeet