Jharkhand High Court
Chhotu Sao Alias Mahesh Kumar And Anr vs State Of Jharkhand on 29 July, 2013
Author: D.N. Patel
Bench: D.N. Patel, Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 2369 of 2013
with
I.A. No. 3601 of 2013
In
Cr. Appeal (DB) No. 205 of 2013
1.Chhotu Sao @ Mahesh Kumar
2. Ganesh Sao @ Ganesh Kumar .......Appellants Versus The State of Jharkhand ..... Respondents.
CORAM: HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR. For the Appellants : Mr. R.S. Mazumdar, Sr. Advocate Mr. Brij Bihari Sinha, Advocate For the State : Mr. Ravi Prakash, A.P.P. th 06/Dated: 29 July, 2013 Oral order:
Per D.N. Patel, J.:
1. Counsel for the appellants is not pressing Interlocutory Application No. 2369 of 2013 in the light of another Interlocutory Application filed by the appellants being I.A. No. 3601 of 2013.
2. Accordingly, I.A. No. 2369 of 2013 is disposed of as not pressed.I.A. No. 3601 of 2013
1. Counsel for the appellants submitted that appellant nos. 1 and 2 are claiming that they were juvenile as the date of birth of appellant no. 1 is 8 th July, 1993 and date of birth of appellant no. 2 is 18 th April, 1988 and the date of incident is 27th June, 2005. Thus, the age of appellant no. 1 is on the date of incident is 11 years 05 months and 19 days whereas, the age of appellant no. 2 is 17 years , 02 months and 11 days.
2. It is further submitted by the counsel for the appellants that necessary certificates have also been annexed alongwith this Interlocutory Application, which reveals the date of birth of these two appellants and therefore, let the matter be remanded to the Juvenile Justice Board, Bokaro for verification of the age of these two appellants. They are also ready to produce any other evidence which may be demanded by the Juvenile Justice Board and they shall cooperate the hearing at the Juvenile Justice Board, Bokaro.
3. Counsel for the StateA.P.P. also submitted that the State has also filed reply and prima facie on the basis of the certificate annexed the 2. appellant no. 1 and appellant no. 2 appears to be juvenile.
4. In view of these submissions and looking to the averments, allegations and annexures of this interlocutory application as well as annexures of the reply filled by the State, I hereby, direct the Juvenile Justice Board, Bokaro to verify the age of these two appellants as on the date of incident in accordance with law and in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2000 and the rules made therein. Juvenile Justice Board, Bokaro shall also verify the initial entry of these two appellants in the concerned school. A report to that effect shall be given to this Court by the Juvenile Justice Board, Bokaro on or before the next date of hearing.
5. Registry is directed to send a copy of this order to Juvenile Justice Board at Bokaro.
6. The matter is adjourned on 5th September, 2013.
(D.N. Patel, J) (Shree Chandrashekhar, J.) VK/