Patna High CourtCR. REV./547/2014disposed

Mohammad Kaif @ Kaish v. State Of Bihar And ANR

2015-02-26Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 547 of 2014 Arising out of P.S.Case No. -119 Year- 2013 Thana -Thawe District- GOPALGANJ ======================================================== Mohammad Kaif @ Kaish Son of Fool Mohammad Resident of Village-Kaparpura, P.S.-Uchakagaon, District-Gopalganj through udner guardianship of his father Fool Mohammad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Asiya Khatoon Wife of Sheikh Mustaquim Resident of VillageKaparpura, P.S.-Uchakagaon, District-Gopalganj.. Respondent/s ======================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Respondent/s: Mr. Awadhesh Kumar Singh, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 The present Criminal Revision Application is for setting aside the order dated 05.05.2014 by which the 1st Additional Sessions Judge, Gopalganj has remanded the order of juvenility in Juvenile Appeal Nos. 16 of 2014 and 19 of 2014 setting aside the order dated 19.02.2014 passed by learned Principal Magistrate, Juvenile Justice Board, Gopalganj in Thawe P.S. Case No. 119 of 2013 (J.E. No. 8 of 2014) whereby the Petitioner has been declared a juvenile according to the Matriculation Certificate. Subsequently, the Informant filed an appeal stating therein that the Petitioner's Passport shows his date of birth which made him an adult.

In such a situation, the matter is remanded to the Juvenile Justice Board, Gopalganj for a fresh inquiry

Patna High Court CR. REV. No.547 of 2014 dt.26-02-2015 in this regard since the impugned order is merely one of remand. He is directed to conclude the inquiry within a period of two months from the date of receipt of this order without being prejudiced by the order in appeal. It is made clear that no party shall be given unnecessary adjournment in this regard but shall be given an opportunity to be heard in accordance with law. With the aforesaid observations, the application is disposed off.

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