JUDGMENT :

(Order on application No.20 of 2019 dated 24.09.2019)

1. Heard Sri Noor Mohammad learned counsel for the appellant No.2 Mahesh and Sri Jai Narayan learned A.G.A.-1 for the State.

2. We have heard learned counsel for the appellant on the application dated 24.09.2019 filed on behalf of the appellant No.2 Mahesh to take on record the order dated 25.08.2018 passed by the Juvenile Justice Board as an additional evidence and direct an inquiry with regard to the plea of juvenility raised by the applicant/appellant.

3. To ascertain the claim of the appellant seeking declaration of his juvenility, it would be pertinent to note certain relevant facts of the case.

An application dated 24.09.2019 supported by affidavit of brother of the appellant/applicant Rinku aged about 38 years has been filed herein stating that during pendency of the present appeal, the appellant moved an application through his counsel directly before the Juvenile Justice Board, Hathras for declaring him juvenile taking the plea that the appellant was born on 11.08.1991 and he studied upto Class III in Harcharan Lal Poorva Madhyamik Vidyalaya, Nai Ka Nagla, Hathras. The date of birth of the appellant was sought to be proved from the School Leaving Certificate dated 05.07.2018 appended as Annexure No.'1' to the affidavit accompanying the aforesaid application. It is contended that the Juvenile Justice Board after hearing both the parties and perusal of the documents appended by the appellant in support of his application, declared him juvenile by an order dated 25.08.2018. The copy of the said order has been brought on record by means of a supplementary affidavit dated 06.01.2019. It appears that when the matter came up for hearing before this Court on 19.09.2019 on the prayer made by the counsel for the appellant he was permitted to move a fresh application claiming juvenility in the present appeal. As a result of the direction issued by this Court vide order dated 19.09.2019, the appellant has moved the present application for the reliefs as noted above.

4. It is contended that the date of incident is 11.08.2008 and on the said date, the appellant was about 17 years old. It is then contended that an inquiry is to be conducted as per the procedure under the Juvenile Justice Act under the directions issued by this Court.

5. To the above application, a counter affidavit dated 14/26.11.2019 has been filed on behalf of the State to bring on record the order dated 25.08.2018 passed by the Juvenile Justice Board as also the copy of the mark sheet of Class III and the School Leaving Certificate dated 05.07.2018, the documents relied by the Juvenile Justice Board. It is pertinent to note that alongwith the supplementary affidavit dated 06.01.2019, sworn by the brother of the appellant, the copy of application dated 21.07.2018 moved by the appellant before the Juvenile Justice Board and the order dated 25.08.2018 passed by it have also been brought on record.

6. Considering the above documents, the questions for adjudication before this Court are:-(i) as to whether the appellant was justified in approaching the Juvenile Justice Board directly for making inquiry for declaring him juvenile on the date of the incident i.e. 11.08.2008, without moving any application, at the first instance in the instant appeal more so when the said fact was not disclosed to the Juvenile Justice Board. (ii) Second issue is about the legality and propriety of the order dated 25.08.2018 passed by the Juvenile Justice Board.

7. The issues before us have serious ramification, therefore, it would be apt to go through the entire Scheme of the Juvenile Justice Act alongwith the amendments in the statutory provision relating to Juvenile Justice (Care and Protection of Children) Act brought from time to time to understand the legal position prevailing on the date of the claim made by the appellant for declaring him juvenile. And further to examine the manner in which, inquiry has to be conducted by the