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2001 Supreme(P&H) 1272

V.M.JAIN
Manjyoti – Appellant
Versus
State – Respondent


Judgment

1. This is a petition dated 2-11-2001 under S. 482, Cr. P.C. filed by the accused-petitioner, seeking the quashment of the order dated 6-4-1998, passed by the Juvenile Court, copy Annexure P-2 and also seeking the quashment of the order dated 23-11-1998, copy Annexure P-3, passed by the Sessions Judge, dismissing the appeal of the accused-petitioner and up-holding the order dated 6-4-1998 passed by the learned Juvenile Court.

2. The learned counsel for the accused-petitioner has submitted before me that in view of the birth certificate Ex. A1, the accused-petitioner was a juvenile on the date of the alleged occurrence and as such he should have been declared as a juvenile.

3. However, I find no force in this submission of the learned counsel for the accused-petitioner. The alleged occurrence had taken place on 23-4-1997, for which FIR No. 51 dated 24-4-1997 under S. 302, IPC was registered in Police Station East, Chandigarh. It was much after the commission of the crime that Joginder Lal (Pal) filed an application for making an entry in the birth register regarding the birth of his son Manjyoti (accused-petitioner), alleging therein that his son Manjyoti was born on 2-10-19






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