Rajasthan High Court - Jaipur
Naveen Kumar Son Of Shri Kailash Chand, ... vs State Of Rajasthan Through P.P on 20 July, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3946/2018
1. Naveen Kumar Son Of Shri Kailash Chand,
2. Praveen Son Of Kailash Chand,
Both by Caste Nai , Resident Of Village Nabi Nagar, Police
Station And Tehsil Tijara, District Alwar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan Through P.p. , Raj.
2. Shyoram son of Chandar, by caste Nai, r/o Village Nabi Nagar,
Police Station & Tehsil Tijara, District Alwar, Rajasthan.
----Respondent
For Petitioner(s) : Mr. SS Sunda
For Respondent(s) : Mr. Prakash Thakuriya PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
20/07/2018
Shyoram, the complainant has alleged that his dwelling
place was put to fire. The police prepared the site plan also
showing that household articles were found burnt.
As to who set the dwelling place on fire is disputed
question of fact and hence, the same cannot be determined by
this Court in a petition under Section 482 Cr.P.C. Therefore, the
order of cognizance is upheld.
At this juncture, the learned counsel for the petitioners
has submitted that petitioners are less than 18 years of age and therefore, they are delinquent juvenile in conflict with law.
The petitioners have been summoned through bailable warrants.
(2 of 2) [CRLMP-3946/2018] Prayer that the petitioners are delinquent juvenile in conflict with law and they be tried by concerned Juvenile Justice Board has not been made before the trial court.
Let petitioners at first instance file an application to this effect before the trial court. Upon filing of the said application, the trial court shall assign inquiry to the concerned Juvenile Justice Board to determine the age of the petitioners in terms of rule 12.3 of Juvenile Justice (Care & Protection) Rules, 2007. The Juvenile Justice Board shall hold an inquiry for determination of the age of the petitioners. In case, the Juvenile Justice Board comes to conclusion that the petitioners are less than 18 years of age, they will be tried by the concerned Juvenile Justice Board. If it is held otherwise, the petitioners shall be tried by the court of appropriate jurisdiction.
To facilitate inquiry, it is ordered that upon filing of the application regarding determination of age, the petitioners shall be released on interim bail till conclusion of the inquiry by the Juvenile Justice Board. In case, the Juvenile Justice Board comes to conclusion that the petitioners are juvenile in conflict with law, prayer for bail shall be dealt by the concerned Juvenile Justice Board. Otherwise, law shall take its own course and petitioners shall have to apply for bail as per provisions of Chapter XXXIII of Cr.P.C.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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