Nawab vs State of U.P.

S. N. Saxena, J.—Heard the learned counsel for the revisionist and the learned A.G.A. A certified true copy of his application dated 1791992 requesting the learned Additional District and Sessions Judge has been by the revisionist which shows that he contended that he was juvenile and for determination of his age he be referred to the Chief Medical Officer for his medical opinion. Learned Additional District and Sessions Judge, however, did not accept his request and rejected the application for his separate trial as a juvenile. Learned Additional District and Sessions Judge did not exercise his jurisdiction properly. He should have sent the revisionist to the Chief Medical Officer for obtaining his opinion about the age of the revisionist on the date of medical examination. The fact that the revisioninst had been detained in the juvenile jail prima facie showed that he at last appeared to be a juvenile and was kept separately. This revision application, therefore, has to be allowed.

The revision application is allowed. The impugned order dated 29101992 passed by the 2nd Additional District and Sessions Judge is quashed. Learned Additional District and Sessions Judge is directed to obtain medicial opinion about the age of the revisionist from the Chief Medical Officer, Bijnore on the date of his medical exemination and thereafter decide the question of his age and separate trial as a juvenile.

With the above observations and direction this revision application is disposed of.

Trial of the revisionist is meanwhile stayed till the decision of the aforesaid question.

Learned Additional District and Sessions Judge, Bijnore, shall obtain medical opinion expeditously, preferably within one month from the production of a certified copy of this order before him.

Let a copy of this order be issued to the learned counsel for the revisionist within two days on payment of usual charges.

Revision disposed of.