2013 Supreme(Raj) 1336
KANWALJIT SINGH AHLUWALIA
Nanuram @ Nanchuram – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Sandeep Sharma, Advocate.
For the Respondents: Laxman Meena, Public Prosecutor.
JUDGMENT
1. - The present petition under section 482 Cr.P.C has been filed praying that the order dated 4.4.2013 passed by the Addl. District Judge, Chomu,Jaipur whereby he had accepted the revision petition and had disturbed the order passed by the Magistrate be set aside.
2. Counsel for the petitioner has submitted that the petitioner has been nominated as an accused in FIR No. 140/2012 registered at PS Kaladera for the offences under sections 365, 302, 201, 394 and 120-B IPC. Counsel states that when the case was committed, petitioner was produced before the Magistrate, then a plea was raised regarding juvenility of the petitioner. It is stated that vide Annexure P-2, the learned Magistrate relying upon transfer certificate and scholar register had held that the petitioner was born on 30.10.1996 and his age on day of occurrence was 15 years and 9 months. Counsel submits that however the court of Addl. Sessions Judge while exercising revisional jurisdiction had set aside the order primarily relying upon section 7A of the Juvenile Justice (Care and protection of Children) Act.
3. Counsel for the petitioner has stated that for determining the age of the petitioner, the court had to t
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