2010 Supreme(All) 3806

`[2010(10) ADJ 40 (LB)(NOC)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : RAJ MANI CHAUHAN, J.
KHANNU ....Petitioner
Versus
STATE OF U.P. AND ANOTHER ....Respondents
(Criminal Misc. Application No. 4179 of 2010, decided on 26th October, 2010)

Headnote:Juvenile Justice (Care and Protection of Children) Act, 2000—Section 7-A—Juvenile Justice (Care and Protection of Children) Rules, 2005—Rule 12—Juvenile—Claim of—Application for—Rejection of—On ground that Sessions trial pending against accused is one of oldest sessions trials—And accused had moved application at a belated stage—In term of Section 7-A read with Rule 12 accused may raise claim of Juvenility before Court at any time even after disposal of case—Once claim of juvenility raised, the Court is duty bound to consider the same on merit after making an inquiry—Impugned order quashed.

       Petition Allowed