Disposed

Upendra Kumar @ Upendra Kumar Singh v. The State of Bihar

Patna HC12 May 2022CR. MISC./11562/2021

Case brief

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What is this about?

Petitioner sought quashing of an order taking cognizance alleging juvenility at the time of occurrence. The court held juvenility pleas can be taken at any stage, directed trial court to decide it, and admitted no coercive steps until its finalization, mandating filing within two months.

What did the court decide?

Directed no coercive steps to be taken against petitioner till trial court decides on plea of juvenility and directed trial court to decide the plea.

Upendra Kumar @ Upendra Kumar Singh Vs The State of… — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11562 of 2021

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Arising Out of PS. Case No.-244 Year-1985 Thana- JAHANABAD District- Jehanabad

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======================================================

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UPENDRA KUMAR @ UPENDRA KUMAR SINGH S/o Late Rajendra Sharma Resident of Village and P.O.- Mokar, P.S.- Jehanabad, DisttJehanabad.

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... ... Petitioner

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Versus

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The State of Bihar ===================	... ... Opposite Pa ===================================
Appearance : For the Petitioner/s : For the Opposite Party/s : ===================	Mr. Niranjan Kumar, Adv Mr. Kumar Kishan, Adv. Mr.Ranjan Kumar Singh Mr.Jharkhandi Upadhyay, Adv. ===================================
CORAM: HONOURABL PANDEY	E MR. JUSTICE NAWNEET KUMAR

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... ... Opposite Party

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ORAL ORDER

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2 12-05-2022

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Heard learned counsel for the petitioner.

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The present petition has been filed for quashing the order dated 17.08.1988, whereby the learned court below has taken cognizance against one accused person named in paragraph No. 3 of the chargesheet and six accused persons named in paragraph No. 4 of the chargesheet under Section 147, 148, 149 and 307 of the Indian Penal Code as well as under Section 27 of the Arms Act.

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Learned counsel for the petitioner has submitted that at the time of occurrence the petitioner was juvenile. He has also submitted that the name of the petitioner was also amongst the accused persons against whom the cognizance was taken.

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Patna High Court CR. MISC. No.11562 of 2021(2) dt.12-05-2022 2/2

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It has been settled principle of law that plea of juvenility can be taken at any stage of the trial.

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Learned trial court shall decide the plea of juvenility if the petition is filed in this respect. Till the decision of the trial court on plea of juvenility no coercive steps shall be taken against the petitioner.

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The petition of juvenility must be filed within two months.

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With these observations, this criminal miscellaneous petition is being disposed of.

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(Nawneet Kumar Pandey, J)

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SONALI/-

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U T

Upendra Kumar @ Upendra Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Kumar @ Upendra Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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