Guddu @ Mohd.Islam vs State of U.P.

R.P. Yadav, J.—Heard learned Counsel for the petitioner and learned AGA.

This petition has been filed under Section 482 Cr. P.C. directing the trial of the petitioner to be conducted by Juvenile Justice Board under the provisions of Juvenile Justice Act, 2000.

The petitioner is involved in a case under Sections 147, 148, 149, 307, 302, 504, 506 IPC of P.S. Gasaiganj, District Sultanpur. He applies for bail before the learned Magistrate claiming himself to be juvenile. The learned Magistrate declared him to be juvenile aged fourteen years and four months but refused his bail and an appeal was preferred before learned Sessions Judge, who allowed the same and directed him to be released on bail subject to furnishing of bail bonds. Consequently, the petitioner is on bail. He prayed before the learned Magistrate that his trial be held before the Juvenile Court, but his prayer has been rejected, therefore, this petition has been filed.

It is contended by the learned Counsel for the petitioner that the trial of the juvenile cannot be held by the Regular Court, there is substance submission. It is true that a juvenile cannot be tried by a Regular Court, The can be tried by a Juvenile Justice Board only. This petition is, therefore is allowed.

It is hereby directed that the petitioner shall be tried by a Juvenile Court/Juvenile Justice Board only under the provisions of the said Act of 2000.