HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8225 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary affidavit alongwith the certified copy of the order dated 08.09.2025 filed today, is taken on record. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 49 of 2012, dated 10.06.2012 in Case No. 2217 of 2012; State Vs. Umanath and others, arising out of Case Crime No. 555 of 2012, under Sections 147, 148, 149, 307, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Kotwali Nagar, District Balrampur and order dated 08.09.2025 passed by learned CJM, Balrampur, as well as entire proceedings in pursuance thereof. It is submitted by learned counsel for the applicants that an FIR was lodged bearing Case Crime No. 555 of 2012, under Sections 147, 148, 149, 307, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Kotwali Nagar, District Balrampur, but there is no truthfulness in the same. He submits that after investigation, chargesheet was filed and the Magistrate took cognizance but the applicants, being juveniles, moved an application for declaring them juveniles and the same was registered as Case No. 2217 of 2012 and the application claiming the juvenility was decided on 19.07.2014, whereby the applicants were declared juveniles. He argued that aforesaid fact was brought before the learned trial court but the learned trial court has committed the matter to the court of Sessions vide order dated 08.09.2025 alongwith the case of other co-accused persons, though the same could not have been done, as the applicants have already been Versus Counsel for Applicant(s) : Shobh Nath Pandey Counsel for Opposite Party(s) : G.A. Mahendra Pal @ Mahendra Pal Chauhan Minor At The Time Of Alleged Incident) And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s) declared juveniles by the court of law. He added that so far as the committal of the case to the Sessions Court, regarding present applicants is concerned, is erroneous and unlawful. Thus, submission is that the order of committal dated 08th of September, 2025 may be set aside, so far as the present applicants are concerned. The learned Counsel appearing for the State could not refute the contentions aforesaid. Considering the submissions of learned counsel for the parties and after perusal of record, it is apparent that vide order dated 19.07.2014, the applicants have been declared juveniles and the case has been committed to the court of Sessions vide order dated 08.09.2025 by the Chief Judicial Magistrate, Balrampur. The case of present applicants has also been committed to the court of Sessions, which is erroneous in the eyes of law, as the case of the present applicants, being juveniles, is to be adjudicated by the Juvenile Justice Board, as is prescribed under the Juvenile Justice (Care & Protection of Children) Act, 2015. Consequently, the committal order dated 8th of September, 2025 is hereby set aside to the extent of committal of the case pertaining to the present applicants and the rest order shall remain intact. With the aforesaid observations, the instant application U/s 482 Cr.P.C. is hereby allowed. So far as the present applicants are concerned, the trial court is at liberty to proceed as per the relevant provisions of Juvenile Justice (Care & Protection of Children) Act, 2015. September 25, 2025 kkv/ A482 No. 8225 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench