Suraj Singh (Minor) vs State Of Uttarakhand

N.S. Dhanik, J

This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash/set-aside the cognizance/summoning order dated 02.11.2018 passed by the learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Case Crime No. 3359 of 2018, "State vs. Kulwant Singh & others", under Sections 452, 323, 504 & 506 of IPC, registered at Police Station Khatima, District Udham Singh Nagar.

Facts of the case are that an FIR was lodged on 16.03.2018 at Police Station Khatima, District Udham Singh Nagar with the allegation that on 15.03.2018 at about 6:00 p.m. there was some altercations between the Reena Kaur and Rajwinder Kaur which was subsided at that time. Thereafter at about 02.00 a.m. the accused who were having sword and rod in their hand entered into the house of the reporter; assaulted the reporter and his family members; used filthy language and threatened them for dire consequences. After investigation, police submitted the charge-sheet and thereafter the trial Court summoned the accused applicants to face the trial.

Learned counsel for the applicant submits that the present applicant was shown as major and his date of birth shown as 1983, however, the applicant is a minor and his actual date of birth is 01.09.2003 and the Investigating Officer despite knowing the fact that the present applicant is a minor has deliberately shows him as major. He further submits that the applicant is a minor of about 16 years of age and falls under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Learned State Counsel submits that due to clerical mistake the birth year of the applicant has been wrongly written, in fact it is not 1983 but it is 1991 as per the records obtained from the birth/death register of Village Dhyanpur dully issued by the Village Panchayat Development Officer.

From the perusal of the entire records, this Court is of the opinion that no interference is presently required in this matter at this stage. However, the applicant would be at liberty to raise all legal and factual submissions before the court below at an appropriate stage. There does not appear to be any abuse of process of Court and no interference is liable to be made, as far as proceedings are concerned. The proceedings shall go on before the trial Court in accordance with law.

Since plea of juvenile has been raised before this Court, it is directed that the applicant shall be at liberty to raise this plea before the Court below and the same shall be decided in accordance with law, till the Court below decides the plea of juvenile no coercive measure shall be taken against the applicant.

With the aforesaid observations, the criminal miscellaneous application stands disposed of.