Jamir vs State of U.P.

B. P. Singh, J.—Permitted to implead Sri Mohd. Azam as opposite party No. 2 in the case.

Heard learned counsel for the applicant and Sri Viresh Misra.

This application for revision, directed against the order dated 26291 passed by 2nd Additional Munsif Magistrate, Moradabad in Case Crime No. 2186 of 1990, under Section 302, I.P.C., P. S. Magfani, district Moradabad, is being finally disposed of at this stage.

The applicant has been committed to stand his trial in the Court of Session Judge, Moradabad for an offence under Section 302, I. P. C. The applicant''s contention is that he was minor on the date of occurrence and as such the provisions of Juvenile Justice Act are applicable to him. As application to this effect was moved before the Magistrate but the learned Magistrate did not make any enquiry upon the same and also did not passed any order, instead the learned Magistrate has simply committed the applicant to the Court of Session.

It is not disputed that in case the applicant claims to be a minor, the Magistrate is bound to hold enquiry to determine the question as to whether the provisions of Juvenile Act were not applicable to him. Learned magistrate is directed to hold an enquiry upon the application of the applicant and shall conclude the same within two months from the date on which a certified copy of this order is produced by the applicant or complainant before him. The proceedings in the Court of Session Judge, Moradabad in the case in question shall remain stayed only for a period of two months from the date on which the certified copy of this order is produced before the learned Magistrate.

Let a certified copy of this order be given to the applicant and complainant within 48 hours on payment of usual charges.