The court addressed an application by a petitioner who had been declared a juvenile by the Juvenile Justice Board after previously claiming to be 21 years old. The court held the application infructuous and dismissed it.
The present application stands dismissed as having become infructuous.
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 JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38730 of 2021
Arising Out of PS. Case No.-126 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Saran
======================================================
Arjun Kumar son of Dharmendra Kumar Rai @ Dharmendar Ray @ Dharmendra Ray R/o Village-Maalipur (Badi Chok), P. S. Hajipur Town, District Vaishali.
... ... Petitioner/s
Versus
| The State of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : |
Mr. Manish Chandra Gandhi, Advocate. |
| For the Opposite Party/s : | Mr. Binod Kumar, APP. |
| For the State : |
Mr. Vikash Kumar (S.C.-11) |
| =================== CORAM: HONOURABL |
=================================== E MR. JUSTICE HARISH KUMAR ORAL ORDER |
14 24-06-2022
Heard Mr. Manish Chandra Gandhi, learned counsel
for the petitioner, Mr. Binod Kumar, learned Additional Public Prosecutor and Mr. Vikash Kumar, learned Standing Counsel-11 for the State.
Learned counsel for the petitioner submits that during the pendency of the present application, the petitioner has been declared juvenile by the Juvenile Justice Board, Saran at Chapra. In the aforesaid facts, he seeks permission to withdraw this application as the matter has become infructuous as the present application has become infructuous.
On the other hand, learned S.C.-11for the State submits that the petitioner while filing this application has stated
Patna High Court CR. MISC. No.38730 of 2021(14) dt.24-06-2022 2/2
his age to be 21 years, which was informed to this Hon’ble Court. However, the petitioner, later on, filed an application for assessment of his age by Juvenile Justice Board.
Taking into consideration the fact that the age of the petitioner has been assessed by the Juvenile Justice Board and he has been declared as juvenile and as such, if the State is aggrieved by the order passed by the Juvenile Justice Board, he has liberty to assail the order in appropriate proceeding.
In view of the aforesaid facts, the matter has become infructuous, accordingly, the present application stands dismissed as having become infructuous.
shakir/- U T
(Harish Kumar, J)
1 issue framed by the court
Whether an application instituted on the basis of an alleged adult age becomes infructuous if the petitioner is subsequently declared a juvenile by the Juvenile Justice Board.
Arjun Kumar
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
