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SADHNA RANI THAKUR
Mod. Iqbal Gaji – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Avnish Kumar Srivastava, learned counsel for the applicant and Sri Brijesh Sahai, learned Senior Advocate assisted by Sri Bhavya Sahai, learned counsel for the opposite party no. 2.
2. By moving this application under Section 482 Cr.P.C. the applicant seeks to invoke the inherent jurisdiction of this court to quash the order dated 19.05.2017 passed by the Juvenile Justice Board, Agra in Misc. Application No. 109 of 2017 (arising out of Crime No. 131 of 2003) under Sections 147, 148, 149, 307, 302 IPC, Police Station Kotwali, District Meerut by which the Juvenile Justice Board, Agra declared the convict/O.P. No. 2 a juvenile.
3. As per facts of the case Sessions Trial Nos. 668, 669 and 671 of 2003, Case Crime No. 131 of 2003 and 134 of 2003 respectively under Sections 147, 148, 149, 307, 302 IPC and 25/27 Arms Act, Police Station Kotwali, District Meerut were decided by the trial court vide judgment dated 04.08.2007 and all the four accused persons were found guilty. The case was decided into capital punishment. Criminal Reference No. 21 of 2007 -State Vs. Khalid and others, was made to this court to confirm
Section 482 Cr.P.C. which is as saving of inherent powers of High Court.
The main legal point established in the judgment is that a juvenile accused should be dealt with under the provisions of the Juvenile Justice Act, 2015, and the failure to do so renders any order uns....
(1) Any order relating to a juvenile passed by any court shall have no effect in eyes of law if the same be passed in non-conformity with provisions of Juvenile Justice Act, 2015. (2) In addition to ....
The main legal point established is that juvenility can be raised at any stage, even after final disposal of the case, and the court must consider the delay in filing the application and the contenti....
Writ of habeas corpus – Criminal trial – Claim of juvenile – determination of age – Certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ o....
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 proc....
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
(1) Declaration of juvenility - Under scheme of JJ Act, 2015, declaration of juvenility may not by itself enure to benefit of juvenile in conflict with law.(2) Bail once granted same cannot be cancel....
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