AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay Dhar, J
The petitioner has challenged order dated 30.06.2020, passed by Principal Sessions Judge, Kulgam, whereby the learned Sessions Judge in a revision petition has set aside order dated 06.08.2019 passed by learned Judicial Magistrate 1st Class Qazigund.
It appears that respondent No.2 herein (accused) had raised a plea of juvenility before the police and the learned Judicial Magistrate 1st Class Qazigund, vide order dated 06.08.2019, passed a direction to the Medical Superintendent, Government Hospital, Qazigund to conduct the age determination test of the accused. The said order came to be challenged by respondent No.2 before learned Sessions Judge, Kulgam by way of a revision petition and the Revisional Court allowed the revision petition and set aside the order of Judicial Magistrate 1st Class Qazigund. The said order of the Revisional Court is under challenge in the present petition.
Respondent No.2, during the pendency of this petition, has filed certified true copy of order dated 05.11.2021 passed by learned Principal Sessions Judge, Kulgam and certified true copy of order dated 27.11.2021 passed by Juvenile Justice Board, District Kulgam.
Vide order dated 05.11.2021 passed by Principal Sessions Judge Kulgam, the said Court has, after holding an inquiry declared respondent No.2 as a juvenile and accordingly challan was transferred to the Juvenile Justice Board. Vide order dated 27.11.2021 passed by the Juvenile Justice Board respondent No.2 has been granted bail.
The plea of the petitioner in the instant petition is that respondent No.2 (accused) is not a juvenile and that as per medical opinion he has been found to be aged more than 20 years. The said medical opinion has been rendered by the Medical Board pursuant to order dated 06.08.2019 passed by Judicial Magistrate 1st Class Qazigund.
Since, during the pendency of the petition, learned Principal Sessions Judge, Kulgam has held an inquiry in accordance with the provisions contained in Jammu & Kashmir Juvenile Justice (Care and Protection) Act, 2013, as such, the challenge to the order of the Revisional Court passed on 30.06.2020 has been rendered infructuous.
For the foregoing reasons, the petition is disposed of as having been rendered infrcutuous. However, it shall be open to the petitioner to challenge order dated 05.11.2021 passed by learned Principal Sessions Judge, Kulgam, whereby, respondent No.2 has been declared as juvenile.