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1984 Supreme(All) 581

K.L.SHARMA
NASEEM – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Ram Niwas Sharma,

K. L. SHARMA, J.

This is a criminal revision directed against the judgment and order dated 3-12-1994 passed by the Chief Judicial Magistrate, Juvenile Court, Meerut Region, Meerut in crime Case No. 563 of 1993 under Section 302, I. P. C. and S. T. No. 309 of 1994 whereby the learned C. J. M. has directed a fresh inquiry for determination of age of the revisionist, who is in jail.

2. I have heard Sri Ram Niwas Sharma learned counsel for revisionist as well as the learned A. G. A. and perused the material brought on record.

3. The learned counsel for revisionist has raised a legal question whether the learned C. J. M. has the jurisdiction to determine afresh the age of the accused who has been declared juvenile on Inquiry in the Sessions Trial by the Sessions Judge who has separated his case and referred it to the Juvenile Court for further action in accordance with Juvenile Justice Act, 1986.

4. The learned A. G. A. has submitted in reply that it is only the uvenile Court which has got jurisdiction under Section 32 of the Juvenile Justice Act, 1986 to make due inquiry as to the age of the accused and then record a finding stating his age whether the person concerned is a juvenile or


























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