Petitioner sought direction to Juvenile Justice Board to determine his age under Juvenile Justice Act after conviction under Section 302 IPC was affirmed. Court held petition misconceived as age determination already subsumed in trial and dismissed plea.
Petition dismissed without direction to Juvenile Justice Board for age enquiry.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2594 of 2023
Petitioner :- Nizam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surya Bhan Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
Heard Sri Surya Bhan Singh, learned counsel for the petitioner and learned A.G.A for the State respondents.
Present petition has been filed with a prayer to direct the Juvenile Justice Board, Rampur or any other competent Court of law to conduct an enquiry for determination of age of petitioner as per procedure prescribed under the provisions of Juvenile Justice (Care and Protection of Children Act). Further prayer is to direct the Juvenile Justice Board, Rampur to consider the claim of the petitioner and decide the issue of juvenility of petitioner in accordance with law within specific period.
Admitted facts of the case are that the petitioner was convicted by the trial Court under Section 302 IPC read with other sections, appeal whereof was dismissed and order of conviction was affirmed. It is also not in dispute that the conviction was also upheld by the Hon'ble Apex Court.
Now the present petition has been filed with the prayer as prayed above.
We find that the present petition before this Court for the prayer so made is patently misconceived. It is accordingly dismissed .
Order Date :- 24.3.2023 Abhishek
Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the court can be directed to conduct an enquiry for determination of age of petitioner under Juvenile Justice Act.
Whether the claim of juvenility should be decided by the Juvenile Justice Board in this proceeding.
Whether the petition for age determination enquiry is maintainable after conviction affirmed by Apex Court.
1 provisions across 1 enactments
Nizam
State Of U.P.
4 Others
Vivek Kumar Birla
Surendra Singh-I
As recorded by the court registry
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