Full Text
Translation output
-7-- $39 HIGH COURT OF DELHI
CRL.M.C.91/2011
LALLAN Petitioner
Through Ms. Anu Narula, Adv.
CRL.M.C.91/2011
LALLAN Petitioner
Through Ms. Anu Narula, Adv.
VERSUS
STATE Respondent
Through Mr. Manoj Ohri, APP for State with, Mr. Alok Bajpai, SI, P.S. S.P.Badli
• HON'BLE MS. JTJSTICE MUKTA GUPTA
13.07.2011 As directed vide order dated 16th March, 2011 a status report has been filed by the State. As per the status report the bone age of the Petitioner has been opined to be between 18-19 years as on 81h April, 2011. It is stated that is in view of the report the age of the Petitioner was 14 to 15 years at the time of commission of offence and was thus a juvenile and required to face inquiry in terms of the provisions of the Juvenile Justice (Care and
Protection of Children) Act, 2000. The trial is still pending as final
Through Mr. Manoj Ohri, APP for State with, Mr. Alok Bajpai, SI, P.S. S.P.Badli
• HON'BLE MS. JTJSTICE MUKTA GUPTA
13.07.2011 As directed vide order dated 16th March, 2011 a status report has been filed by the State. As per the status report the bone age of the Petitioner has been opined to be between 18-19 years as on 81h April, 2011. It is stated that is in view of the report the age of the Petitioner was 14 to 15 years at the time of commission of offence and was thus a juvenile and required to face inquiry in terms of the provisions of the Juvenile Justice (Care and
Protection of Children) Act, 2000. The trial is still pending as final
ORDER
has not been pronounced in the matter in view of the stay granted by this Court. Since there is no other document regarding the age of the
CRL.M.C. 9112011 2011:DHC:15399 /4 Petitioner available, no useful purpose would be served by directing an enquiry into the matter by the Learned Trial Court. In view of the age determination report which opines the Petitioner to be a juvenile at the time of commission of offence, the Trial Court is directed to transfer the case of the Petitioner for being inquired into by the Juvenile Justice Board.
Learned counsel for the Petifioner also points out that the co- accused Hari is also a juvenile. Learned Trial Court is directed to conduct an enquiry into the age of the co-accused Hari and in case he is found to be a juvenile at the relevant tine, his case be also transferred to the Juvenile
Justice Board.
Petition is disposed of. Order Dasti.
Copy of this order be sent to the Trial Court.
MUKTA GUPTA,J JULY 139 2011 'ga' CRL.M.C. 9112011 page 2 of2
2011:DHC:15399
CRL.M.C. 9112011 2011:DHC:15399 /4 Petitioner available, no useful purpose would be served by directing an enquiry into the matter by the Learned Trial Court. In view of the age determination report which opines the Petitioner to be a juvenile at the time of commission of offence, the Trial Court is directed to transfer the case of the Petitioner for being inquired into by the Juvenile Justice Board.
Learned counsel for the Petifioner also points out that the co- accused Hari is also a juvenile. Learned Trial Court is directed to conduct an enquiry into the age of the co-accused Hari and in case he is found to be a juvenile at the relevant tine, his case be also transferred to the Juvenile
Justice Board.
Petition is disposed of. Order Dasti.
Copy of this order be sent to the Trial Court.
MUKTA GUPTA,J JULY 139 2011 'ga' CRL.M.C. 9112011 page 2 of2
2011:DHC:15399