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Patna High CourtCR. MISC./16214/2022dismissed

Chanki Kumar Paswan v. The State Of Bihar

2023-05-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16214 of 2022 Arising Out of PS. Case No.-9 Year-2014 Thana- NOKHA District- Rohtas ====================================================== Chanki Kumar Paswan Son Of Late Rama Shankar Paswan @ Rama Shankar Paswan Resident Of Village- Kusumhra, Police Station- Rajpur, DistrictRohtas At Sasaram ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 15.09.2021 passed by the learned Additional Sessions Judge-VI-cum-Special JudgePOCSO, Sasaram, Rohtas in POCSO Case No. 29 of 2015. In the first round when the age of the petitioner was assessed, the petitioner had never informed the Court that he had ever studied in any school and now after nine years the petitioner has came with a plea that he used to study in a school and to prove his juvenility he has relied upon the Transfer Certificate issued by that School.

It seems that the petitioner has procured this forged transfer certificate and is trying to get a favourable order from

Patna High Court CR. MISC. No.16214 of 2022(2) dt.05-05-2023 2/2 this Court on the basis of the same.

Considering the aforesaid facts, this Court is of the view that the prayer of the petitioner i.e. to proceed for trial under the provisions of Juvenile Justice Act has rightly been rejected by the Court below.

Accordingly, this application is dismissed.

(Sandeep Kumar, J) Vikas/- U