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2023 Supreme(Raj) 88

PANKAJ BHANDARI, SAMEER JAIN
Mohd. Salman S/o Shri Shakil Ahmed – Appellant
Versus
State Of Rajasthan Through PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Trideep Pais, Sr. Adv. Assisted by Ms. Seema Misra, Adv., Mr. Vibhor Jain, Mr. Syed Saddat Ali
For the Respondent: Mr. Rajesh Mehrishi, AAG, assisted by Mr. Devanshu Saini

ORDER :

Pankaj Bhandari, J.

1. Accused Mohammad Salman has preferred this Revision Petition against the order dated 15.04.2014 passed by the District & Sessions Judge, Jaipur Metropolitan, Jaipur in Criminal Appeal No.252/2014, whereby learned District & Sessions Judge set aside the order dated 12.03.2014 passed by the learned Juvenile Justice Board, Jaipur Metropolitan, Jaipur in Criminal Miscellaneous Case No.23/2013 in FIR No.119/2008, Police Station, Kotwali, Jaipur, by which petitioner was held juvenile on the basis of his school certificate.

2. Succinctly stated the facts of the case are that Jaipur Bomb Blast took place on 13.05.2008, accused petitioner was arrested by A.T.S., U.P. on 05.03.2010 and was arrested in the present Sessions Case on 23.11.2010. Accused had placed before the Court below his Board Certificate, as per which he was a minor on the date of incident. The accused raised the question of juvenility before the Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate vide order dated 21.06.2011 held the accused Salman to be aged more than 18 years. The accused preferred an appeal under Section 52 of the Juvenile Justice Act, 2000 (hereinafter referred to


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