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2019 Supreme(P&H) 211

RAJBIR SEHRAWAT
Gajab Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Ankur Lal, Advocate
For the Respondents: M.D. Sharma, AAG, Haryana.
For the Complainant :Rituraj Singh for Gutam Dutt, Advocates.

JUDGMENT :

RAJBIR SEHRAWAT, J.

1. Present petition has been filed challenging the order dated 03.01.2018 passed by Additional Sessions Judge Faridabad; dismissing an appeal against the order dated 24.04.2017 passed by Judicial Magistrate First Class, Faridabad, whereby the application of the petitioner for declaring him as a juvenile was rejected.

2. The petitioner is involved in a case arising from FIR No.78, dated 15.03.2017, under Sections 148, 149, 307, 506, 452 IPC and 25/54/59 of the Arms Act, registered at Police Station Sadar Ballabgarh, Faridabad. To avoid full rigour of criminal law, the petitioner had filed application for declaring him as a juvenile; claiming that he was less than 18 years at the time of commission of offence and hence, he should be tried by Juvenile Justice Board.

3. The application filed by the petitioner was adjudicated upon by Judicial Magistrate First Class, Faridabad and it was held that the date of birth of the petitioner is to be taken as 07.08.1996. Hence, as on the date of occurrence, the petitioner's age comes to be more than 18 years. Therefore, the petitioner was not juvenile.

4. Aggrieved against the order passed by the Court of Judicial Magist



















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