High Court directed S.D.J.M., Panposh to transmit case record of IPC offences to Juvenile Justice Board as petitioner was a child in conflict with law at the time of occurrence based on verified documents.
Directing lower court to transmit case record to Juvenile Justice Board and no coercive action against petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 230 of 2021
Abuzar Hashmi … Petitioner
State of Odisha
… Opposite Party Mr. P. Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
14.12.2021
Order No.
4.
Page 1 of 1
of Municipal College, Rourkela, wherein the date of birth of the petitioner is mentioned.
“Further on verification of case records as well as School Admission Register of Urdu High School, Rourkela it is ascertained that the date of birth of Abuzar Hasmi, S/o-Aftab Alam Khan of Mahatma Lane, Azad Mohalla, P.S. Plantsite, Rourkela Dist.- Sundargarh is 10.04.1999. On verification of matriculation certificate submitted by the petitioner it is found to be genuine. Hence the age of the petitioner as on date of occurrence was 17 years, 1- months and 16 days and during his arrest and bail was 18 years, 01 month and 22 days.”
Page 2 of 2
in accordance with law.
6. CRLMC is accordingly disposed of.
A.K. Rana
( Sashikanta Mishra) Judge
Page 3 of 3
2 issues framed by the court
Whether the petitioner, aged below 18 at the time of occurrence, is to be treated as a child in conflict with law and tried by a Juvenile Justice Board instead of a regular court
Whether the educational certificates submitted by the petitioner to establish his age are genuine
1 provisions across 1 enactments
Abuzar Hashmi
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
