Patna High CourtCR. REV./987/2013disposed

Avinash Kumar Singh v. State Of Bihar And ANR

2015-05-08Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.987 of 2013 Arising Out of PS.Case No. -43 Year- 2013 Thana -null District- SASARAM (ROHTAS) ===========================================================

1. Avinash Kumar Singh Son Of Sri Jitan Singh Resident Of Village - Barua, P.SSheo Sagar, Dist.-Rohtas at present residing at Nalanda Bahwan, Kabirganj (Behind Tulsi Lodge), P.S. Sasaram (T), District Rohtas .... .... Petitioner/s

Versus

1. State Of Bihar

2. Arun Kumar Son Of Narsi Singh, Residnt Of Village - Dilian P.S.-Sasaram (T), Dist.-Rohtas .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal, Advocate For the Respondent/s : Mr. Mani Madhukar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-05-2015 The Petitioner, who is the Informant, seeks revision of the order dated 2.8.2013, by which the Sessions Judge, Rohtas at Sasaram in Criminal Appeal No.34 of 2013 has allowed the same and declared the Opposite Party No.2 a minor and set aside the order dated 9.4.2013 passed by the Juvenile Justice Board, Sasaram in J.J.B. case No.43 of 2013 arising out of Sasaram Town P.S. case No.49 of 2013 corresponding to G.R. case No.117 of 2013, by which he had rejected the plea of juvenility of the Opposite Party No.2. The background facts of the case is that the Opposite Party No.2 pleaded juvenility, at which the Juvenile Justice Board, Sasaram considered the documents but rejected the same on 9.4.2013. The

Patna High Court CR. REV. No.987 of 2013 dt.08-05-2015 2/2 Opposite Party No.2 then filed an appeal which by order dated 2.8.2013 set aside the order of the Juvenile Justice Board and declared him a minor on the date of occurrence. However, in the meanwhile the Juvenile Justice Board constituted a medical Board and on 17.5.2013 declared him a major which has not been challenged as yet. In such circumstances, evidently the present revision, which has been filed against the Appellate Court's order declaring of the Opposite Party No.2 a minor, has no meaning. The application is hence disposed of with a direction to the Court below to proceed in accordance with the order dated 17.5.2013 passed by the Juvenile Justice Board, Sasaram.

(Anjana Prakash, J) Narendra/- U T