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2014 Supreme(All) 1666

BHARAT BHUSHAN
RIZWAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M.P. Singh Gaur for the Revisionists; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Bharat Bhushan, J.—Heard Mr. M. P. Singh Gaur, learned counsel for the revisionists, Mr Pankaj Satsangi, Advocate has filed his parcha on behalf of respondent No. 2 and learned AGA for the state respondent.

This criminal revision is directed against the judgement and order dated 3.7.2014 passed by Additional Sessions Judge, Court No. 6, Badaun in Sessions Trial o. 43 of 2012 (State v. Irfan and others) under Section 302 IPC, P.S. Islam Nagar, District Budaun, whereby the application filed on behalf of both the revisionist for declaring him juvenile under the provisions of Juvenile Justice (Care and Protection of Children) Act 2000 (n short Juvenile Justice Act) has been rejected.

2. Brief facts of the case are that the revisionists Rizwan and Amir Suhil (minors) were summoned by the trial court in exercise of power under Section 319 Cr.P.C. for facing trial in Sessions Trial No. 43 of 2012 (State v. Irfan and others), under Section 302, 34, 120-B IPC. In the meantime, an application paper 41(kh) was moved by the father of the revisionists claiming juvenility on the date of incident under the provisions of Juvenile Justice Act. Trial Court after considering the argum
















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