Point of Law : Scope Of Revisional Jurisdiction -.CR.P.C makes provision for the High Court to exercise its Revisional Jurisdiction in furtherance of any proceeding before any inferior Criminal Court.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant Criminal Revision Petition under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter “JJ Act, 2015”), read with Section 482 of Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C”), has been filed by the Petitioner/Revisionist assailing the impugned order dated 26th October 2021 passed by learned Additional Sessions Judge/Special Judge (NDPS), North District, Rohini Courts, New Delhi, dismissing the application under Section 7A of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter “JJ Act, 2000”) read with Section 94(ii) of JJ Act, 2015.

FACTUAL MATRIX

2. The brief facts of the matter leading to present case are summarized as under: -

(i) The Petitioner/Revisionist was arrested on 20th November 2018 in case bearing FIR No. 430/2018, registered at Police Station Bawana, Rohini, Delhi, under Section 302 of the Indian Penal Code, 1860 (hereinafter “IPC”), and Sections 25 and 27 of the Arms Act, 1959. Since then, he is in Judicial Custody.

(ii) At the time of arrest by Investigating Officer Inspector Rakesh Kumar, the Petitioner/Revisionist was already in Judicial Custody in another FIR bearing No. 1050/2017 registered at Police Station Kankar Khera, Uttar Pradesh. Upon his arrest, the Petitioner/Revisionist claimed that he was 19 years of age and, thereby, during the judicial remand proceedings the learned Metropolitan Magistrate directed the Investigating Officer to produce age and birth records. At the time of remand, no record related to birth of the Petitioner/Revisionist was produced before the learned Metropolitan Magistrate. In the absence of any record, certificate or document affirming the age of the Petitioner/Revisionist, the Investigating Officer, in furtherance of his investigation, filed an application for an ossification test. During the proceedings of the application, upon enquiry by the Court concerned, the Petitioner/Revisionist categorically stated that he had never studied in a school and he did not remember his age. He further stated that there is no document available pertaining to his age. Accordingly, the learned Metropolitan Magistrate noted the contentions of the Petitioner/Revisionist and the application for carrying out an ossification test was allowed vide order dated 28th November 2018.

(iii) Consequently, in terms of order dated 28th November 2018, an ossification test was carried out on 30th November 2018 and as per the Medical Examination, the Petitioner/Revisionist was found to be aged about 20 years at the time of his arrest. The said medical examination and ossification test report was not challenged by the Petitioner/Revisionist at any stage.

(iv) After completion of investigation chargesheet against the Petitioner/Revisionist was filed by the Investigating Officer before the Court concerned. The Court concerned took cognizance and charges were framed against him under Sections 302/120B/34 of IPC and Sections 25 and 27 of Arms Act, 1959.

(v) On 8th January 2021, the Petitioner/Revisionist moved an application before the learned Trial Court for declaration as a juvenile under Section 7A of the JJ Act, 2000, read with Section 94(ii) of JJ Act, 2015. The said application was filed by the Petitioner/Revisionist relying on a birth certificate issued by the Gram Panchayat, Uttar Pradesh, on the basis of self-declaration given by the father of the Petitioner/Revisionist, according to which date of birth of the Petitioner/Revisionist was indicated as 4th May 2001, suggesting that he was aged about 17 years, 5 months and 24 days on the date of the commission of offence i.e. on 29th October 2018. The birth certificate issued on 23rd November 2020 was verified by the Investigating Officer. Since, the Petitioner/Revisionist also placed reliance upon school admission record in support of his plea for declaring him as Juvenile, the learned Trial Court, vide order dated 8th September 2021 summoned the s