Point of Law: Section 482 Cr.P.C. which is as saving of inherent powers of High Court.

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 the capital punishment. The accused persons also filed Criminal Appeal No. 5169 of 2007 -Khalid and others Vs. State of U.P. before this court. Both the reference and criminal appeal were heard together by the Division Bench of this court. The reference was dismissed and the appeal was partly allowed vide judgment and order dated 05.09.2008. The death sentence was set aside and was commuted to life imprisonment i.e. imprisonment for whole life with this provision that the accused persons shall not be entitled to be considered for remission of sentence unless, they have undergone actual term of 20 years imprisonment including the period already undergone by them. The sentence of fine awarded to the appellants under Sections 302/149 IPC as well as sentence of imprisonment and fine awarded to them under Sections 307/149 and 148 IPC and the conviction of accused appellants Tahir and Moinuddin and the sentence awarded to them under Section 25 Arms Act were upheld. All the sentences of imprisonment were to run concurrently. The convict/opposite party no. 2 along with other co-accused persons was thereafter transferred to Central Jail, Agra to serve the sentence.

4. One Sister Sheeba Jose, a lawyer and human right activist, filed a Public Interest Litigation No. 855 of 2012 (Sister Sheeba Jose Vs. State of U.P. and others) before this Court for release of the prisoners, who may have been below 18 years of age on the date of commission of the offence and were detained in various district or Central Jail. For Agra, Central Jail a list of 18 prisoners was made for grant of such relief. This writ petition was decided by the division bench of this Court vide order dated 24.05.2012 and directions were issued to the District Judges, who were also the Chairpersons of their Legal Services Authorities, to see that the efficient lawyers were appointed for the purpose of providing legal aid to the prisoners, who were unable to engage private lawyers and who were mentioned in the list furnished by the State Government and described to be below 18 years in age on the date of commission of offence. The present applicant applied on 25.02.2017 (through Jail Superintendent, Central Jail, Agra) before the Secretary, District Legal Services Authority for providing him legal aid. On his application, the District Legal Services Authority appointed one Sri Pal Singh, Advocate for providing him legal aid and thereafter on behalf of the applicant, an application was moved on 06.04.2017 before the Juvenile Justice Board, Agra claiming therein that he was a juvenile at the time of incident. He was not literate and had no documentary evidence regarding his age, so his age may be determined by constituting a medical board. His medical was done by the medical board and on the basis of r