The main legal point established in the judgment is the importance of following the prescribed procedure for determining juvenility under the Juvenile Justice Act, including the specific inquiry process and the limited role of the court in such matters.

JUDGMENT :

1. Heard Sri Sunil Kumar, learned counsel for the revisionist as well as Sri Ishwar Chandra Tyagi, learned counsel for the opposite party No.2 and Sri Abhishek Shukla, learned A.G.A.-1 for the State and perused the record.

2. This revision is directed against the order dated 14.10.2021 passed by the Additional District and Session Judge, Court No.4, Amroha, on an application (paper no. 13-B) dated 14.10.2021 moved on behalf of the revisionist in Session Trial No. 200 of 2018 arising out of Case Crime No. 735 of 2017: State of U.P. Vs. Pravav and others, under Section 395, 397, 427, 412 I.P.C. Police Station Gajraula, District Amroha by which he was pleased to reject the application dated 14.10.2021 of the revisionist-applicant seeking declaration of applicant to be Juvenile conflict with law and to refer his case to the Juvenile Justice Board, Amroha.

3. Learned A.G.A. has filed counter affidavit, which is on record. Learned counsel for the opposite party no.2 submits that he will argue the case in absence of counter affidavit and learned counsel for the revisionist submits that there is no need to file rejoinder affidavit, therefore, this court has no option to hear and proceed with the matter.

4. Learned counsel for the revisionist submits that the court below has passed the impugned order without jurisdiction vested in it, therefore, the revisionist has approached this Court directly by filing of the present revision and without filing the appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘the Act, 2015’) and the impugned order is totally illegal on the face of the record.

5. Facts which are the genesis of the present dispute are that an F.I.R. dated 29.12.201 was registered by the opposite party no.2 as Case Crime No. 0735 of 2017 against six known and one unknown persons namely, Pranav Kumar alias Raghav, Abrar, Mujeem, Pawan Kumar, Amar Pal Yadav, and Bittu Chauhan, under Sections 147, 148, 149, 394, 307, 427 and 506 I.P.C. with the allegation that he is District Coordinator of B.J.P. On 28.12.2017 when he was sitting in his office then accused persons along with 30-40 unknown persons having illegal arms in their hands entered in his office. Accused Raghav opened fire by which he has sustained injury in his hand. Again accused Raghav shot fired which hit his computer. In this incident Mahaveer Singh Chauhan, Pintu Singh, Sudhir Teetu alias Saurabh Choudhary and Anil Gupta have sustained injuries. The accused persons also committed loot of his golden chain, cash of Rs. 1,40,000/-and other document besides mobile phone and computer. They also damaged Scorpio Car, Scooter and Motor Cycle on account of the election enmity.

6. In the said F.I.R, the date of incident as alleged was 28.12.2017. The investigations were carried out and charge sheet was filed and after filing of the Charge-sheet the case was committed to the Court of Sessions where it was numbered as Session Trial No. 200 of 2018 : State Vs. Pranav and others. The trial was transferred to the Court of IV Additional District and Session Judge, Amroha where the proceedings of the present trial are going on.

7. The revisionist has claimed to be declare as a juvenile on the basis of his High School Certificate which indicates his date of birth as 10.07.2000, by filing an application dated 14.10.2021 before the Additional District and Session Judge, Court No.4, Amroha to consider his case and to refer this case for hearing before the Juvenile Justice Board, Amroha. The Additional District and Session Judge, Court No.4, Amroha relying on the age of the revisionist shown in the charge-sheet i.e. 20 years, rejected the application of the revisionist.

8. Learned counsel for the revisionist submits that the revisionist is a child. His date of birth is 10.07.2000 and the same has been recorded in his High School Certificate-cum-marksheet dated 17.05.2015 issued by the Board of High School and Intermediate Educa