Honble RAFIQ, J.–This revision petition has been filed against the order dated 17.8.2007 passed by Additional District and Sessions Judge (Fast Track) No. 3, Jhunjhunu, Camp at Khetri whereby the application of the petitioner for determination of his status as juvenile under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been rejected.

(2). Factual matrix of the case is that a first information report for offence under Section 365, 394, 302 and 201 IPC was lodged against the petitioner with Police Station, Khetri. Petitioner applied for grant of bail pending trial under Section 439 Cr.P.C. which was rejected by the Additional Chief Judicial Magistrate, Khetri. Petitioner thereupon moved the Court of Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu Headquarter Khetri on the premises that his date of birth being 26.6.1989, on the date of incident, which is 26.4.2007, his age was 17 years and 10 months. This was contested by the prosecution which made an application for enquiry into the question of age of the petitioner. The Court by its order dated 13.6.2007 directed for Constitution of Medical Board for determination of the age of the peti

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