Brajesh Chaudhary @ Brajesh Kumar @ Brijesh Chaudhary v. The State Of Bihar

Patna High Court CR. REV. No.698 of 2013 dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 698 of 2013 Arising out of P.S.Case No. -null Year- null Thana -null DistrictNALANDA (BIHARSHARIFF) =========================================================== Brajesh Chaudhary @ Brajesh Kumar @ Brijesh Chaudhary S/o Jag Lal Chaudhary Resident of Village Asadhi, P.S. Hilsa, District Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. S. Prakash, Adv. For the Respondent/s : Mrs. Indu Bala Pandey, APP. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-04-2015 The Petitioner seeks revision of the order dated 21.06.2013 by which the 1st Additional Sessions Judge, Hilsa, Nalanda in S.Tr. No. 363 of 2012 arising out of Hilsa P.S. Case No. 243 of 2011 has refused to declare the Petitioner as a juvenile on the basis of documentary evidence. It has been submitted that as per Rule 22 of the Juvenile Justice Rules when a doubt arises with regard to the documents in proof of age a Medical Board needs to be constituted. In the present case, on two occasions the Medical Board was constituted which opined that the Petitioner was a juvenile on the date of occurrence despite which the Court below declared him a major.

Considering such aspect of the matter, the application is remanded to the Court below for passing an appropriate order in accordance with law within three weeks of receipt.

With these observations, the application is disposed off.

Vikash/- (Anjana Prakash, J.) U T