AI Structured Summary
Not yet generated for this judgment
Judgment
R.S. Chauhan, J.—Aggrieved by the order dated 10.03.2011, passed by the District Session Judge, Alwar, whereby the learned Judge has remanded the case to the Principal Magistrate, Juvenile Justice Board, Alwar for re-recording the testimony of the witnesses and for calling for the entire record related to the Ration Card, the Petitioner has approached this Court.
Mr. Azad Ahmed, the learned Counsel for the Petitioner, has vehemently contended that the testimonies of Aas Mohammad, his wife Sayra and of all their children, except the juvenile delinquent, have already been recorded. Therefore, there is no need for re-recording the testimonies. Moreover, Ration Card is already available on record. Hence, in case the directions issued in the impugned order were carried out, it would be an exercise in futility.
Heard the earned Counsel and perused the impugned order.
According to the learned Judge, different facets of the case have yet to be examined and adjudicated upon. For, according to the learned Judge, an attempt was made to mislead the court in claiming that Mausam has already expired; whereas according to his wife, he is still alive. Moreover, the record related to the Ration Card still needs to be examined. Therefore, the learned Judge was certainly justified in remanding the case to the Principal Magistrate and in issuing certain directions to him.
Hence, this Court does not find any illegality or perversity in the impugned order. This petition, being devoid of any merit is, hereby, dismissed.