Patna High CourtCR. REV./611/2014dismissed

Amit Kumar @ Shivendu v. The State Of Bihar

2016-07-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.611 of 2014 ======================================================

1. Amit Kumar @ Shivendu Son of Sri Naresh Kumar Verma resident of Mahabir nagar Colony, Police Station- Beur, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Mohan Prasad For the Respondent/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

By way of the present application preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'J.J. Act'), the petitioner seeks quashing of the order dated 29.04.2014 passed by the learned Adhoc Additional Sessions Judge-V, Patna, whereby he has dismissed Cr. Appeal No. 181 of 2013 filed under Section 52 of the J.J. Act against the order dated 30.04.2013 passed by the Juvenile Justice Board, Patna in J.J.B. Case No. 216 of 2009 whereby the court explained the substance of accusation to the petitioner under Section 385 of the Indian Penal Code (for short 'IPC') along with Sections 323, 427 and 504/34 of the IPC. It is the contention of the learned counsel for the

Patna High Court CR. REV. No.611 of 2014 (3) dt.18-07-2016 2/2 petitioner that after completion of investigation the police have submitted charge-sheet only for the offences punishable under Sections 323, 427, 504 and 34 of the IPC but the learned Juvenile Justice Board has erroneously explained the substance of accusation to the petitioner for the offence punishable under Section 385 of the IPC also while conducting enquiry of the case. In my view, the argument advanced by the learned counsel for the petitioner is thoroughly misconceived. It is well settled that the courts are not bound by the findings of the police during investigation.

In that view of the matter, I find no error in the order impugned passed by the court below. Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T