Patna High CourtCR. REV./275/2018disposed

Matru Yadav v. State Of Bihar And ANR

2019-11-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 275 of 2018 Arising Out of PS. Case No.-62 Year-2015 Thana- SONO District- Jamui ====================================================== Matru Yadav S/o Late Fuleshwar Yadav, R/o Village- Balthar, P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

Jhari Yadav, S/o Mani Yadav, Resident of Village- Balthar, Police StationSono, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the State :

Mr. Md. Arif, APP For the Opposite Party No.2 :

Mr. Rakesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-11-2019 Learned counsel for the petitioner; learned APP for the State and Mr. Khurshid Alam, learned counsel for the opposite party no. 2 have assisted the Court.

2. The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973, against the order dated 30.11.2017, by the ADJ IInd, Jamui in Criminal Appeal No. 8 of 2017, which has been dismissed and the order dated 07.03.2017 passed by the Juvenile Justice Board, Jamui in GR Case No. 563A of 2015, declaring the opposite party no. 2 to be juvenile, has been upheld.

Patna High Court CR. REV. No.275 of 2018 dt.04-11-2019 2/2

3. Learned counsel for the opposite party no. 2 submitted that on 5th September, 2019, the Juvenile Justice Board, Jamui has already concluded the enquiry and passed final order holding the opposite party no. 2 to be a juvenile on the date of occurrence.

4. In view thereof, the present matter has become infructuous as final order having been passed, has to be assailed before the appropriate forum, in accordance with law, afresh.

5. Learned counsel for the petitioner submitted that the application be disposed off with liberty to him to pursue the matter before the appropriate forum.

6. Accordingly, as prayed for by learned counsel for the petitioner, the application stands disposed off with liberty aforesaid.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T