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2012 Supreme(MP) 503

K.S.RADHAKRISHNAN, MADAN B.LOKUR
Ashwani Kumar Saxena – Appellant
Versus
State of M. P. – Respondent


Advocates:
Dinesh Kumar Garg for appellant;
Sidhartha Dave and Ms. Jemtiben AO for respondent.

ORDER

Radhakrishnan, J. -- 1. Leave granted.

2. We notice that large number of cases are being brought before this Court against orders passed by the criminal Courts, on the claim of juvenility under section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the J.J. Act”) read with rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short ‘the 2007 Rules’), primarily for the reason that many of the criminal Courts are not properly appraised of the scope of enquiry contemplated under those statutory provisions. We find it appropriate in this case to examine the nature of inquiry contemplated under section 7A of the J.J. Act read with rule 12 of the 2007 Rules, for future guidance and application by the Courts, Boards and the Committees functioning under the J.J. Act and Rules.

3. Before considering the above question and other related issues, we may examine, what transpired in the case on hand. Appelant-Ashwani Kumar Saxena and two others, namely, Jitender and Ashish were charge-sheeted for the offences punishable under section 302 of the Indian Penal Code (for short ‘the IPC’ read with section 27 of Arms Act and section 3





















































































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