High Court Patna High Court - Orders

Awni Kant vs State Of Bihar on 6 August, 2010

Patna High Court – Orders
Awni Kant vs State Of Bihar on 6 August, 2010
                   sIN THE HIGH COURT OF JUDICATURE AT PATNA
                          CR. REV. No.408 of 2008
                   AWNI KANT son of Gopal Singh, resident of village Barka
                   Gaon,P.S.pakaridayal, East Champaran.
                                                ...petitioner
                                   Versus
                   1. STATE OF BIHAR
                                                ...opposite party
                   For the petitioner : Mr.Binod Kumar Mishra
                   For the State       : Mr.J.Upadhyay, APP

                                                 -----------

03. 06.08.2010 Heard learned counsel for the petitioner and learned

counsel for the State.

Petitioner claims himself to be juvenile. According to

him, his date of birth is 05.02.1987. He is facing charge(s) punishable

under diverse section of the Penal Code including 307 IPC. in relation

to an occurrence that had taken place on 03.10.2003 which gave rise

Trial No.2488/07 of the court of learned SDJM,Sikarhana, Motihari.

Apart from the present case, petitioner was also made accused in

Pakridayal P.S.Case No.33/03 instituted under diverse section of the

Penal Code including section 307 IPC. The said case was lodged

with regard to an occurrence committed on 26.05.2003. It appears

that the petitioner made a claim for being declared juvenile in the said

case which had given rise to Trial No.1241/07. The matter was

enquired into in terms of the provisions contained in Juvenile Justice

(Care and Protection) Act (hereinafter referred to as the ‘Act’) and a

finding was recorded therein on 07.06.2007 (Annexure-4), whereby

he was found and declared a juvenile. In the present case, an

application was filed on 8.01.2008 (Annexure-2) for declaring him

juvenile in terms of the adjudication already made by a competent
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court but in connection with different case. The said application of the

petitioner was considered and rejected by order dated 12.02.2008

passed in Trial No.2488/07. This is the order which has been made

impugned in the present case.

Learned counsel for the petitioner while assailing the

legality of the order, submits that reasonings assigned by learned

court below is ex facie contrary to law and the facts appearing from

the record. Once such a claim is raised, the court in seisin of the

matter has to consider the same in terms of the provisions contained in

the Act and then a finding is to be recorded. Learned counsel submits

that in the present case there was no need of any enquiry as in a

different matter the claim of the petitioner has already been upheld

and he was declared juvenile by a competent court. It is thus the

contention of the petitioner that order impugned passed by learned

court below needs to be interfered with and set aside.

Learned counsel for the State, looking at the

documents placed along with the present application, is not in a

position to dispute the submissions advanced on behalf of the

petitioner.

Having considered the submissions advanced on

behalf of the parties and after going through materials on record, this

Court is satisfied that the order impugned is not in accordance with

law. Once an application has been filed claiming the juvenility the

court has to deal with the said application in terms of the provisions

contained in the Act and thereafter pass an appropriate order in
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accordance with law.

For the reasons aforementioned, the application is

allowed. The order dated 12.02.2008 is quashed and set aside.

Let the court below pass a fresh order in accordance

with law on the application (Annexure-2) filed by the petitioner

hr ( Kishore K. Mandal )