Shyam Kumar @ Pradeep Kumar @ Shyam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.852 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA =========================================================== Shyam Kumar @ Pradeep Kumar @ Shyam Yadav Son of Baleshwar Prasad @ Baleshwar Yadav Resident of Mohalla - Janakpur, P.S. - Mufassil, District - Gaya under guardianship of namely Baleshwar Prasad @ Baleshwar Yadav, Resident of Mohalla - Janakpur, P.S. - Mufassil, District - Gaya .... .... Petitioner
Versus
The State of Bihar .... .... Respondent =========================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar, Advocate For the State :
Mr. Umesh Lal Verma, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 01-09-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner has preferred this criminal revision application against order dated 21.06.2017, passed by Additional Sessions Judge, VI, Gaya in Criminal Appeal No.20 of 2016/17 of 2014 whereby he has rejected the petition filed by the petitioner for determination of his age by the court or by the Juvenile Justice Board as the petitioner claims himself to be a juvenile.
3. Learned counsel for the petitioner submits that petitioner claims himself to be a juvenile and produced matriculation certificate issued by Bihar School Examination Board, Patna. The date of birth of the petitioner is 02.11.1993 and the occurrence is dated 18.06.2007. The petitioner has raised his plea of juvenility at the
Patna High Court CR. REV. No.852 of 2017 dt.01-09-2017 2 /3 appellate stage for the first time. The matriculation certificate was produced but the court did not consider it because the petitioner is made accused in this case in his alias name Shyam Kumar, Son of Baleshwar Yadav though his name in the records of the school is Pardeep Kumar. In the educational certificates also, the father's name is mentioned as Baleshwar Prasad and mother's name as Shakuntla Devi. His photograph is also in the certificate so mere on perusal of the face of the petitioner and comparing with the photograph and after making enquiry, it can be ascertained that Shyam Kumar, Son of Baleshwar Yadav and Pardeep Kumar, Son of Baleshwar Yadav is the same person but without holding any enquiry in this regard out rightly the petition of the petitioner was rejected.
4. The petitioner claims himself to be a juvenile on the day of occurrence. It is settled principle of law that this plea can be raised at any stage. Only controversy is that whether the certificate produced by the petitioner in the name of Pardeep Kumar, Son of Baleshwar Prasad is of this petitioner or not. The court may verify the same after conducting enquiry and also by calling the enquiry report in this regard from the Superintendent of Police, Gaya whether Pardeep Kumar, the name mentioned in the certificates produced before the Board, is the same person who is accused in Gaya Muffasil P.S. Case No.113 of 2007 named as Shyam Kumar, Son of Baleshwar
Patna High Court CR. REV. No.852 of 2017 dt.01-09-2017 3 /3 Yadav, Resident of Mohalla Janakpur, Near Rajkiya Madhya Vidyalaya, Near Madhumati Ashram under Muffasil Police Station and to further proceed in accordance with law.
5. With these observations, the criminal revision application is disposed of.
(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2017 Transmission Date 08.09.2017