Rajasthan High Court - Jaipur
Misc.Petition U/S.482 Cr.P.C. Against ... vs . Shrikishan And Others By Which, ... on 7 October, 2014
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CRIMINAL MISC.PETITION NO.3449/2014. Laltesh Kumar Meena Vs. State of Rajasthan & Anr. Misc.Petition u/S.482 Cr.P.C. against the order dated 29/01/2014 passed by Additional Sessions Judge, Bandikui, District Dausa in Sessions Case No.23/2007 titled as State Vs. Shrikishan and others by which, cognizance has been taken against the petitioner on an application moved by the complainant u/S.319 Cr.P.C. for offence u/Ss.147, 148, 341, 302, 149, 307/149, 324, 326/149, 325/149 and 323/149 IPC and summoned him through arrest warrants. Date of Order:- October 7, 2014. HON'BLE MRS. JUSTICE NISHA GUPTA Shri Ram Kumar for the petitioner. Shri Jitendra Shrimali, Public Prosecutor. **** BY THE COURT:-
This petition has been filed against the order dated 29/01/2014 passed by the court of Additional Sessions Judge, Bandikui, District Dausa in Sessions Case No.23/2007 only on the ground and with the contention of the counsel for the petitioner that petitioner was a minor and hence, cognizance could not be taken against him and the contention of the Public Prosecutor is that such objection could be raised before the trial court as per provisions of Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 but no such objections have been raised before the trial Court. Heard counsel for the petitioner, Public Prosecutor for the State and perused the material available on record.
At the outset, it is relevant to reproduce herein the provisions of Section 7A of the Act of 2000 reads, as under:-
7A. Procedure to be followed when claim of juvenility is raised before any court.-(1) Whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be :
Provided that a claim of juvenility may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act.
(2) If the court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate orders and the sentence, if any, passed by a court shall be deemed to have no effect.
In view of the aforesaid provisions of Section 7A of the Act of 2000, it is thus clear that without exhausting the remedy provided under Section 7A of the Act of 2000 of raising objection before the trial court first, the petitioner has straightway filed this petition, which is not maintainable before this Court.
Hence, this criminal misc.petition under Section 482 Cr.P.C. is dismissed being not maintainable. The petitioner is free to raise objection before the proper court.
(NISHA GUPTA), J.
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