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Allahabad High Court · body

2015 DIGILAW 1525 (ALL)

Chhangu @ Abhay Maurya v. State of U. P

2015-06-12

SHASHI KANT

body2015
JUDGMENT Shashi Kant, J. Heard Sri Rakesh Pratap Singh, learned counsel for applicants, learned A.G.A. for the State of U.P. and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 741 of 2015 - State Vs. Amarnath Maurya and Others, arising out of Case Crime No. 1103 of 2014, under Sections 323, 504, 506 I.P.C. and Section 3(1)(X) of SC/ST Act at Police Station - Unchahar, District - Raebareli, pending in the Court of Additional Chief Judicial Magistrate, Court No. 11, Raebareli as well as impugned Charge Sheet No. 34/2014, dated 11.10.2014 submitted in the aforesaid case and also impugned Summoning Order dated 18.05.2015, passed by the learned Additional Chief Judicial Magistrate, Court No. 11, Raebareli. 3. It is submitted on behalf of applicants that in the Charge Sheet (Annexure No. 1), applicants have been arrayed as accused no. 2 and 3 and their age has been shown as 14 and 16 years respectively, therefore, they come under the category of Juvenile. 4. Learned A.G.A. has also submitted that age of applicants, on the basis of above document is 14 and 16 years and as such they are juvenile. 5. In the above admitted position, charge sheet against the applicants has wrongly been filed before the regular Court, whereas the same ought to have been filed before Juvenile Justice Board. This is also contrary to the provisions of Section 18 of Juvenile Justice Act. 6. On the basis of admitted facts and with the consent of learned counsel for parties, this application is being heard and decided finally without issuing notice to opposite party no. 2. Since State is represented by learned A.G.A. there is no need no issue notice to opposite party no. 1-State of U.P. 7. In view of discussion made above and in the light of legal provisions, learned lower Court is directed to transmit the Charge Sheet No. 34/2014, dated 11.10.2014, submitted by the Investigating Officer in Case Crime No. 1103 of 2014, under Sections 323, 504, 506 I.P.C. and Section 3(1)(X) SC/ST Act, Police Station - Unchahar, District - Raebareli to the Court of Juvenile Justice Board and take all necessary steps in this regard, expeditiously. With above directions/observations this application under Section 482 Cr.P.C. stands disposed of.