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2019 DIGILAW 302 (JHR)

Aditya Singh @ Bittu Singh @ Bittu v. State of Jharkhand

2019-01-30

SHREE CHANDRASHEKHAR

body2019
JUDGMENT : 1. On the oral request of the learned counsel for the petitioner, the informant-Amrita Kumari is impleaded as opposite party no.2. 2. Let necessary correction be done at the appropriate places. 3. Mrs. Niki Sinha, the learned A.P.P appears on behalf of the State of Jharkhand. 4. Referring to the certificate granted by the Jharkhand Academic Council which reflects that the petitioner whose date of birth as recorded in that certificate is 05.01.1988 had appeared in the supplementary examination for the year 2003, Sri Jitendra Shankar Singh, the learned counsel for the petitioner submits that without verifying the genuineness of the certificate at page-30 and ascertaining the age of the petitioner who claims that he was juvenile at the time of occurrence, the application dated 29.01.2013 could not have been dismissed and, that too, on the ground that the offence as alleged against him is a continuing one. 5. Plea raised on behalf of the petitioner is that the plea of juvenile can be raised at any stage even when the matter is pending before the Supreme Court [refer, “Umesh Singh and Another Vs. State of Bihar” reported in (2000) 6 SCC 89 ]. 6. Issue notice to the informant-opposite party no.2 for which talbana etc. must be filed within this week. 7. In view of the stage of trial, let notice be served upon opposite party no.2 through the officer-in-charge, Kotwali police station, Ranchi. 8. Let a counter-affidavit be filed by the Senior Superintendent of Police, Ranchi within two weeks. 9. Post the matter on 19.02.2019. 10. In the meantime, further proceeding in S.T Case No.344 of 2007 shall remain stayed till the next date of hearing. 11. Let a copy of the order be transmitted to the court concerned through 'Fax'. 12. Let a copy of the order be given to the learned A.P.P for compliance.