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2015 Supreme(Del) 4107

SURESH KAIT
Siya Ram – Appellant
Versus
State Govt of NCT of Delhi – Respondent


For the Petitioner:Mr.S K Sethi & Ms.Dolly Sharma, Advocates.
For the Respondent/State: Mr. Hirein Sharma, Additional Public Prosecutor.

JUDGMENT :

Suresh Kait, J.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, (Cr. P.C.) petitioner seeks directions thereby declaring the petitioner ‘juvenile’ in case bearing FIR No. 74/2012 registered at Police Station Mayapuri, Delhi, for the offences punishable under Sections 302/392/34 of the Indian Penal Code, 1860 (hereinafter to be referred as ‘IPC’).

2. It is noted that for the similar relief, the petitioner moved an application before the learned Metropolitan Magistrate-01 (West), Delhi and the same was dismissed vide order dated 12.09.2013. Thereafter, the petitioner moved another application, which was dismissed vide order dated 26.09.2014 by the learned Additional Sessions Judge-2 (West), Delhi, on the ground that since the learned MM has taken up this issue and decided the same after adopting the procedure prescribed under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as ‘JJ Act’), the question cannot be reiterated before this Court by way of a fresh application.

3. Mr. S.K. Sethi, learned counsel appearing on behalf of the petitioner submitted that the offence was com



































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