The petitioner filed a writ petition claiming he was a juvenile during an incident in 1999 despite being convicted in 2002 and currently serving life imprisonment. The prosecution stated he was 31 in 1999, but the petitioner provided no supporting material. The court found the petition unsupported and dismissed it.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No.455/2010
Khannsingh Ajitsingh Kalayani Vs. The State.
Office Notes, Office Court�s or Judge�s orders
Memoranda of Coram,
appearances, Court�s
orders or directions and
Registrar�s orders.
Mr A.N. Kotangale, Advocate appointed for the Petitioner.
Mrs M.M. Deshmukh, A.P.P.,for the State.
CORAM:- D.B. BHOSALE AND A.R. JOSHI, JJ.
DATE :- 27TH APRIL, 2010.
P.C.:-
1.Heard learned counsel for the petitioner and
the learned A.P.P.,for the State.
2.This writ petition, through jail, is filed by
the petitioner stating that he was juvenile on the date of
incident. The incident occurred in 1999. He was convicted in
2002. Presently, the petitioner is undergoing life
imprisonment at Yerwada Central Prison. In 1999, we are
informed, that eight criminal cases were pending against the
petitioner. According to the prosecution, on the date of
the incident he was about 31 years old. The applicant
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has sent this application without any supporting material in
respect of his age. In the circumstances, we are not
inclined to entertain this writ petition. Petition is
accordingly dismissed.
(A.R.JOSHI,J) (D.B. BHOSALE,J)
3 issues framed by the court
Whether a writ petition seeking a declaration that the petitioner was juvenile at the time of the incident should be entertained without supporting material regarding age.
Whether the petitioner's claim of being juvenile in 1999 is credible given the prosecution's statement that he was about 31 years old.
Whether the High Court can dismiss a writ petition filed without supportive evidence.
Khannsingh Ajitsingh Kalayani
The State
D.B. Bhosale
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court