Ranjit Bahaku Mukhiya v. The State Of Maharashtra

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4248 OF 2013 Ranjit Bahaku Mukhiya ....

Petitioner

Versus

The State of Maharashtra ....

Respondent None for the Petitioner.

Mr. H.J. Dedia, A.P.P., for the Respondent-State. CORAM : SMT. V.K. TAHILRAMANI, ACTING C.J. & DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 19 TH NOVEMBER, 2015.

P.C. :

1.

Rule. Rule made returnable forthwith.

2.

The Petitioner claims that he was a juvenile in conflict with law on the date of the incident and, hence, he should be given benefit of the same. The incident has occurred on 9th September, 1995. On perusal of the Petition, especially, Para (5) thereof, it is seen that the Petitioner has stated therein that he has earlier preferred an application for giving him the benefit of the amended provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. 1/2 WP-4248-13.doc

3.

The Petitioner himself has stated in Para (5) of the Petition that in the application preferred by him claiming that he was a juvenile, the High Court has categorically held that, on the date of the offence, i.e. on 9th September, 1995, the Applicant/Petitioner had completed the age of 18 years. Thus, it is seen that the claim of the juvenility raised by the Petitioner has already been rejected by this Court. In this view of the matter, now it is not possible to reconsider the case of the Petitioner.

4.

The Petition is dismissed. Rule is discharged. [DR. SHALINI PHANSALKAR-JOSHI, J.] [ACTING CHIEF JUSTICE] 2/2 WP-4248-13.doc