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2003 Supreme(P&H) 1319

M.M.KUMAR
Atul Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioners:Mr. D.S. Bali, Sr. Advocate with Mr. D.V. Gupta, Advocate.
For the Respondent: Mr. G.P.S. Nagra, AAG (Haryana).


JUDGMENT

M.M. Kumar, J. - This petition filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity, the Act) is directed against the order dated 12.6.2003 passed by the Additional Sessions Judge, Fatehabad, declining the application of the petitioners. The petitioners who are "juvenile in conflict with law", within the meaning of Section 2(1) of the Act are facing allegations in case F.I.R. No. 99 dated 29.3.2003, under Sections 302/323/147/149 of the Indian Penal Code, registered at P.S. City Tohana. The allegations in the F.I.R. are as under :-

"Statement of Jaibir Singh son of Ramphal Caste Jat resident of Bhodi aged about 18 years : stated that I am a resident of aforementioned address and am a student of Government Senior Secondary School Tohana and study in 10+1. Today on 29.3.2003 at about 9.15 AM, I alongwith Rajinder son of Siri Ram, Jat resident of Bhodi who is studying alongwith me in 10+1 were going to School by Atul Bus service. When this Bus reached Village Amavi, the Checker of the bus namely, Suresh asked for the travelling ticket and I replied that we are students and asked us to show the I. Card and then I and Rajinder s










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