The court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings. It noted the applicant's possible juvenile status and directed that he may raise this plea before the lower court. Proceedings against him will continue only after adjudication of his juvenile status.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 21935 of 2018
Applicant :- Shyam Veer Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 01.08.2013, cognizance order dated 23.01.2014 and the entire proceeding of Case No. 66 of 2014, arising out of Case Crime No. 169 of 2013, under Sections- 147, 148, 149, 323, 504, 506 I.P.C., Police StationGonda, District- Aligarh, pending in the court of Judicial Magistrate, Aligarh.
Learned counsel for the applicant states that the alleged incident is of the date 18.06.2013, whereas the date of birth of the applicant recorded in his High School Certificate is 10.08.1996. Thus, he would have been about 17 years of age on the date of alleged incident.
It is further stated that the applicant has completed his Intermediate course and had cleared a competitive examination and had selected in a government job.
Perusal of the record clearly indicates that the applicant has not yet been raised such plea before the learned court below. As such there is no error on part of the learned court below in proceeding with the prosecution.
However, in view of the objection raised by learned counsel for the applicant, it is provided that the applicant may appear before the learned court below though counsel and be permitted to raise the plea of being juvenile, which may be dealt with by the learned court below, in accordance with law.
It is further provided that further coercive measure but continuance of the present prosecution be made against the applicant only upon adjudication of the juvenile.
In view of the aforesaid observation, the instant application is disposed of .
Order Date :- 19.7.2018 Lbm/-
2 issues framed by the court
Whether the application to quash proceedings based on the applicant's alleged juvenile status should be disposed of procedurally.
Whether the applicant should be permitted to raise the plea of being juvenile before the trial court.
2 provisions across 2 enactments
Shyam Veer Singh
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
