Supreme Court - Daily Orders
Jitendra Kumar Singh vs State Of Orissa on 13 May, 2016
Bench: A.K. Sikri, R.K. Agrawal
ITEM NO.57 COURT NO.12 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) Nos. 2995-2996/2015
(Arising out of impugned final judgment and order dated 09/12/2014
in CRLMP No. 1330/2014 in WPCRL No. 367/2014 and WPCRL No. 192/2013
passed by the High Court Of Orissa At Cuttack)
JITENDRA KUMAR SINGH Petitioner(s)
VERSUS
STATE OF ORISSA & ANR. Respondent(s)
(with interim relief and office report)
WITH
SLP(Crl) No. 7180/2015
(With appln.(s) for exemption from filing c/c of the impugned
judgment, for permission to file additional documents, Interim
Relief and Office Report)
Date : 13/05/2016 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s) Mr. Ratnakar Dash, Sr. Adv.
Mr. Sibo Sankar Mishra, Adv.
Mr. Umakant Mishra, Adv.
Mr. Raj Kumar P., Adv.
Ms. Aparna Bhat, Adv.
Ms. Ray Kumari Banju, Adv.
Mr. Sumit Kumar Vats, Adv.
For Respondent(s) Mr. Pawan Upadhyay, Adv.
Mr. Sarvjit Pratap Singh, Adv.
Ms. Sharmila Upadhyay, Adv.
Mr. S. K. Das, Adv.
Mr. Ajay Choudhary, Adv.
Signature Not Verified
Digitally signed by
NIDHI AHUJA
Date: 2016.05.14
Mr. Narender Kumar Verma, Adv.
14:49:59 IST
Reason:
Mr. Samir Ali Khan, Adv.
Ms. Nidha Khan, Adv.
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SLP (Crl.) Nos. 2995-2996/2015 etc.
UPON hearing the counsel the Court made the following
O R D E R
SLP (Criminal) Nos. 2995-2996 of 2015 The respondent No. 2 has been granted benefit under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000, by the High Court finding that as on the date of commission of crime, he was less than 18 years of age. For this purpose, the High Court went by school certificate dated 25.08.2014 which was produced by respondent No. 2 and that certificate records the date of birth as 16.11.1995.
In this special leave petition filed by the father of the deceased, a communication dated 20.11.2012 issued by Khurda Municipality is filed which is obtained under the provisions of Right to Information Act. As per this communication, date of birth of respondent No. 2 is recorded in the municipal records as 16.11.1993. If this date is to be taken into consideration, then on the date of commission of the crime, respondent No. 2 was major.
However, before proceeding further, it would be necessary to verify the veracity of the document produced by respondent No. 2. We, thus, direct the concerned Chief Judicial Magistrate-cum-Principal Magistrate, Juvenile Justice Board, Khurda, to hold an inquiry and verify the genuineness of the aforesaid date of birth as claimed to have been shown in the municipal records. Report shall be submitted before the next date of hearing.
Learned counsel for respondent No. 2 states that respondent No. 2 is in the custody since 26.10.2012. It would be open for him to move an application for bail before the appropriate court and the said court shall consider the prayer in accordance with law.
We may clarify that this court has not expressed its 2 SLP (Crl.) Nos. 2995-2996/2015 etc. opinion either way.
List the matter in the month of August, 2016.
SLP(Criminal) No. 7180 of 2015 Learned counsel for the respondents states that after verification of the certificates which are relied upon by Petitioner No. 2-Ramesh, the same are found to be genuine and as per these certificates, Petitioner No. 2 son of Shri Bhagwandeen Kori, was 16 years of age on the date of incident.
Thus, he was juvenile and would be given protection under the Juvenile Justice (Care and Protection of Children) Act, 2000.
Since he has already spent more than three years in jail, if he is still in jail, he shall be released forthwith, if his custody is not required in any case where he is tried as a major.
The special leave petition is disposed of. In view thereof, pending applications also stand disposed of.
(Nidhi Ahuja) (Tapan Kr. Chakraborty)
Court Master Court Master
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