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Patna High CourtCR. MISC./33785/2015dismissed

Chotu @ Chotu Mandal @ Arvind Mandal v. The State Of Bihar

2015-08-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33785 of 2015 Arising Out of PS.Case No. -10 Year- 2004 Thana -KOTWALI District- MUNGER ======================================================

1. Chotu @ Chotu Mandal @ Arvind Mandal, son of Sriram Mandal, resident of Village0 Ramdiri Maugarhi, P.S.- Naya Ramnagar, DistrictMunger. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. J.Upadhyay(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-08-2015 By way of filing the present application under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 02.07.2014 passed by the Juvenile Justice Board, Munger in G.R. No. 22 of 2004 arising out of Kotwali P.S. Case No. 10 of 2004 whereby and whereunder the prayer of petitioner for declaring him „juvenile‟ has been rejected. In my view the present application is thoroughly misconceived. Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 stipulates as under: "Subject to the provision of this Section, any person aggrieved by an order made by a competent authority under this Act may, within 30 days from

Patna High Court Cr.Misc. No.33785 of 2015 (2) dt.21-08-2015 2/2 the date of such order, prefer an appeal to the court of Session."

In view of availability of statutory remedy to the petitioner, I am not inclined to entertain the present application. Accordingly the application is dismissed as not maintainable. (Ashwani Kumar Singh, J) sushma/- U