Neutral Citation No. - 2025:AHC:123535 Reserved On:-08.07.2025 Delivered On:28.07.2025 Case :- CRIMINAL REVISION No. - 3802 of 2022 Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. 1. Heard Shri Ravi Prakash holding brief of Shri Pradeep Kumar, learned counsel for the revisionist; learned A.G.A. and perused the record. 2. The instant criminal revision is filed against judgment and order dated 26.07.2022 passed by learned Special Judge, Exclusive Special Court (SC/ST Sessions Judge Court No.3, Maharajganj in special session trial no. 416 of 2021 (State Vs. Sarfaraj and others) arising out of case crime no.219 of 2021 under section 302, 201 I.P.C. and 3(2)5 SC/ST Act, Police Station- Nichlaul, District- Maharajganj, 3. The revisionist made an application before the Special Judge that he has no educational certificate nor the age certificate from panchayat and, therefore, Medical Board should be constituted for ascertainment of his age which was rejected. The Special Judge held that the revisionist had not filed any document disclosing his age whatsoever nor his father has given any affidavit regarding his age. He has been charge-sheeted as an adult and trial is proceeding against him. From his appearance and also he appears to be an adult and, therefore, there is no justification for directing his ossification test report. 4. Learned counsel for the revisionist has submitted that the court's below ought to have directed ossification test of the revisionist in the absence of any documents of education and age. 5. After hearing the rival submissions, this Court finds that as per section 94 (2) (i) and (ii) of Juvenile Justice (Protection and Care of Children) Act, 2015 where the educational documents and birth certificate from school and also birth certificate from corporation, municipality authority and panchayat are not produced in support of claim of juvenility by accused as per section (i) and (ii) of the Act., the ossification test is required to be ordered by the Committee or the Board. 6. It is well settled that the question of juvenility can be raised at any stage of trial. Therefore, the order passed by Special Court is not in accordance the Section 94(2)(i)(ii) of the Act aforesaid and, is hereby set aside. 7. The Special Court is directed to get the ossification test of the revisionist conducted through Board of Doctors headed by C.M.O., concerned. Thereafter, pass appropriate orders considering the same for the purpose of deciding the application made by the revisionist for declaring him juvenile. 8. The revision is allowed. Order Date :-28.07.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad