Patna High CourtCR. REV./65/2014disposed

Meghu Yadav @ Pramod Yadav @ Pramod Kumar v. The State Of Bihar

2015-04-02Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.65 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA =========================================================== Meghu Yadav @ Pramod Yadav @ Pramod Kumar S/O Narayan Yadav @ Gonga Yadav Resident Of Village- Jorwarchak, P.S.- Fatehpur, District- Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Ramdeo Manjhi @ Gyani, son of late Mushi Manjhi, resident of village Nauwakhap,Tola Indra Nagar, P.S. Fatehpur, Distt. Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena, Adv. For the State : Mr. Zainul Abedin, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-04-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 3.12.2013 by which the Ad hoc A.D.J.-V, Gaya, refused to declare the Petitioner juvenile in Sessions Trial No. 53 of 2013. From the documents filed here, I find that on 20.2.2013, the Trial Court had directed constituted of a Medical Board for assessment of age of the Petitioner. It opined that the Petitioner was 19 + 6 months on the date of examination and hence, minor on the date of occurrence.

However, the Trial Court did not place reliance either on the documents brought on record by the Petitioners nor on the

Patna High Court CR. REV. No.65 of 2014 dt.02-04-2015 2/2 medical opinion.

It is not clear as to whether the Trial Court had directed the Medical Board after it was dissatisfied with the documents produced on behalf of the Petitioner in regard to juvenility. Hence, the matter is remanded to the Court below for a fresh enquiry in terms of Rule 12 of Juvenile Justice Act to be completed within a period of three months from the date of receipt of this order. With this observation, the application stands disposed off.

(Anjana Prakash, J) S.Ali/- U T