Dismissed

Vijay Kashyap @ Vijay Kumar v. State of U.P. and Another

Allahabad HC2 Aug 2024A482/24005/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. seeking age determination via ossification test. The Court held that since school birth certificates were available, the Juvenile Justice Act requires no further test, rendering the application devoid of merit.

What did the court decide?

Application under Section 482 Cr.P.C. for age determination through ossification test disallowed.

Vijay Kashyap @ Vijay Kumar vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:125902

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No. 19)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 24005 of 2024

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Applicant :- Vijay Kashyap @ Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahabeer,Shashi Kant Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Shashikant Pandey, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 25.06.2024 passed by the Additional Chief Judicial Magistrate, Court no. 1, Aligarh in Case no.110 of 2024 under Section 363, 366, 323, 504 and 506 I.P.C. whereby the application for age determination of victim by medical examination and ossification test, filed by the applicant herein was rejected on the ground that school certificates are available on record and according to which the victim is aged about 16 years. In view of the availability of the school certificates, the trial court has rejected the application of the applicant herein.

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Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides the procedure with regard to 'Presumption and Determination of age' of the juveniles and as per the aforesaid section, if the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, is available then no further document is required to be looked into for the purposes of determination of age. In the absence of birth certificate from the school concerned, then the birth certificate from a corporation or a municipal authority or a panchayat shall be taken into consideration. If both the aforesaid certificates are not available only then there is a question of age determination through the

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ossification test arises. Since, in the instant case, the date of birth certificate is available, therefore, age determination through ossification test cannot be directed.

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The instant application is devoid of merit and is accordingly, dismissed .

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Order Date :- 2.8.2024 Kirti

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

Vijay Kashyap @ Vijay Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vijay Kashyap @ Vijay Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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