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2010 Supreme(SC) 225

HARJIT SINGH BEDI, A.K.PATNAIK
Jabar Singh – Appellant
Versus
Dinesh – Respondent


Advocates Appeared:
For the Appellants : M.R. Calla, Sr. Adv., Ms. Pratiksha Sharma, Rishi Matoliya, Mukul Kumar, P.D. Sharma, Advs., with him for the Appellants.
For the Respondents:Dr. Manish Singhvi, AAG, Devnashu Kr. Devesh, R. Gopalakrishnan (for Aruneshwar Gupta), Kumar Katikay, Ranvijay, Sukpal Singh, Amarjit Singh Bedi, Advs., with him for the Respondents.

ORDER

A.K. Patnaik, J. —

Leave granted.

2. The appellant is the father of Prahalad Singh, who is alleged to have been murdered by the Respondent No.1, and he has filed this appeal against the order dated 18.08.2006 of the High Court of Rajasthan in S.B. Criminal Revision Petition No. 166 of 2006 in which the High Court has held that the Respondent No.1 was a juvenile on the date of commission of the offence and has directed that the matter will be remitted for trial under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, “the Act”).

3. The relevant facts very briefly are that on 11.07.2004 one Bhomaram lodged a complaint in Pratap Nagar Police Station, Jodhpur, against the Respondent No.1 and others alleging the offence under Section 302 of the Indian Penal Code (for short, “the IPC”) along with other offences under the IPC. A criminal case was registered and after investigation, the police filed chargesheet against inter alia the Respondent No.1 and the case was transferred by the Sessions Judge to the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur, for trial. Before the charges could be framed in the case, an applicat














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