Ashokkumar Pheru Yadav v. The State Of Maharashtra
BDPSPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1456 OF 2015 IN CRIMINAL APPEAL NO.1064 OF 2014 Ashokkumar Pheru Yadav .... Applicant.
V/s The State of Maharashtra .... Respondent.
Mr. Rahul Arote for the Applicant.
Mr. H.J. Dedhia, APP for the Applicant.
CORAM: B. R. GAVAI & SARANG V. KOTWAL, JJ.
DATE: 20th JUNE, 2018 P.C.:- 1] This application is filed by the Applicant, claiming that the Applicant was a juvenile in conflict with law on the date of commission of the offence.
2] Taking into consideration provisions of Section 7-A and 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000, we find that, it will be interest of justice to direct inquiry to be conducted by the learned Sessions Judge, Thane to find out as to whether the Applicant was a juvenile on the date of commission of the offence.. 3] Application is therefore allowed in the following terms. 1/3
(i) Applicant shall file an application before the learned Sessions Judge, Thane alongwith documentary evidence in support of his claim that, he was juvenile in conflict with law on the date of commission of the offence.
(ii) Application to be entertained, if filed by the learned Advocate, who is appointed to appear on behalf of the Applicant by the High Court Legal Services Committee.
(iii) The said Application to be filed within two weeks from today.
(iv) Registry to ensure that record and proceedings is forwarded to the learned Sessions Judge, Thane within the aforesaid period.
(v) The learned Sessions Judge, Thane, upon receipt of the Application will decide the Application of the Applicant as expeditiously as possible and, in any case, within a period of six weeks from the date of 2/3
receipt of the Application and submit a report to this court.
(vi) Appeal to be heard after six weeks from the date of submission of the report to this Court by the learned Sessions Judge, Thane.
(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.) 3/3