SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:7388 WPCRL No.2098 of 2020 Hon’ble Ashish Naithani, J. Mr. Yogesh Upadhyay, Mr. Kanti Ram Sharma, learned counsel for the Petitioner. 2. Mr. Vipul Painuly, learned AGA for the State of Uttarakhand. 3. The present writ petition under Article 226 of Constitution of India filed on behalf of the Petitioner – Sobha Ram @ Churadee, is with a prayer that a writ of mandamus be issued directing the State/Respondent for verifying that the petitioner is a juvenile, and accordingly appropriate action may be taken. 4. As per order passed by the coordinate Bench of this Court dated 21.11.2023, considering the plea advanced before the Court, conviction and sentence of the Petitioner under Section 302 read with 34 IPC, in Sessions Trial No.235 of 2002, “State Vs. Mohar Singh and another”, by the court of Additional Sessions Judge/3rd FTC, Haridwar shall remain suspended until disposal of the writ petition, and Petitioner have been granted bail on his furnishing a personal bond with two sureties of the like amount to the satisfaction of the Court concerned. 5. Learned State Counsel submits that as per the report of the Registrar (Judicial), the petitioner – Sobha Ram @ Churadee is a juvenile, and the counter affidavit filed on behalf of the State also contains the statement that at the time of the incident the Petitioner was 14 years 7 months and 8 days and as per the Juvenile Justice Act, the Petitioner comes within a bracket of juvenile. 6. Let lower court record be sent back. 7. Let the matter be remanded back to the Juvenile Justice Board concerned, to decide the matter afresh in accordance with law. 8. The Registrar General of this Court is hereby directed to communicate this order for onward compliance to all the learned Trial Courts, who were dealing with the criminal jurisdiction, it may be Magistrate court, Chief Judicial Magistrate court, Session Court or Special Court, while taking the first remand, the concerned Judge or a Magistrate should has to ensure the age of the accused. If the age of the accused, cannot be determined, the same shall be determined by all permissible means, including birth certificate and first entry register in the school and in absence of above, a comprehensive medical test may be done verifying the age. 9. With the aforesaid observations, the writ petition is disposed of accordingly. (Ashish Naithani, J.) 21.08.2025 Nitesh/