HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3024/2022

Shrikant S/o Shri Gajanand Ji, Aged About 20 Years, R/o

Balukheda Borawar Tehsil Makrana Dist. Nagaur

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Manish Choudhary S/o Shri Rajuram, R/o Near Railway

Station Borawar Tehsil Makarana Dist. Nagaur

----Respondents

For Petitioner(s)

:

Mr. Vishal Sharma

For Respondent(s)

:

Mr. Vikram Sharma, P. P.

JUSTICE DINESH MEHTA

Order

24/05/2022

1.

The present petition under Section 482 of the Criminal

Procedure Code has been filed by the petitioner for quashment of

FIR No.444/2021 registered at Police Station Makarana, District

Nagaur, vide which allegations under Sections 420 and 406 of

Indian Penal Code, have been levelled against the petitioner.

2.

Learned counsel for the petitioner submits that the

petitioner, whose date of birth is 18.08.2002, was juvenile not

only at the time of the subject transactions but also until the

registration of the FIR.

3.

Learned counsel submits that the petitioner cannot be

proceeded with while considering him a major.

4.

Be that as it may.

(2 of 2)

[CRLMP-3024/2022]

5.

The instant petition is disposed of with a direction that the

Investigating Officer shall first enquire about the petitioner’s age

and also the fact as to whether he was juvenile.

6.

In case he finds that the petitioner was juvenile at the time

of incident, he shall proceed in accordance with law.

7.

The misc. petition so also stay application stands disposed of

accordingly.

(DINESH MEHTA),J

226-A.Arora/-