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High Court of Punjab and HaryanaCWP/3131/2015dismissed

Dalbir Singh v. State Of Punjab And ORS

2015-02-23Mr. Justice Harbans Singh Rai1 pages

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.3131 of 2015 Date of Decision.23.02.2015 Dalbir Singh .......Petitioner

Versus

State of Punjab and others ......Respondents

Present:

Mr. S.L. Chander Shekhar, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

A writ petition is not appropriate remedy regarding the ascertainment of the age of a juvenile. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 empowers the Child Welfare Board or the Criminal Court before which the case is prosecuted as the only competent forums before which the issue of juvenility could be settled. It will be wrong to approach the High Court under Article 226 of the Constitution for a consideration of what the correct age is. 2.

The writ petition is dismissed but with liberty to the petitioner to approach the appropriate forum for consideration. (K. KANNAN) JUDGE February 23, 2015 Pankaj* PANKAJ KUMAR 2015.02.26 16:58 I attest to the accuracy and integrity of this document