HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1786 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J. Heard Sri Mohd. Nuruddin Khan, learned counsel for the revisionist, learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed to quash the order dated 14.02.2024 passed by Additional Session Judge/POCSO-I, Jaunpur in Juvenile Criminal Appeal No.142 of 2023, and the order dated 02.02.2023 passed by the Juvenile Justice Board, Jaunpur in Case No.165 of 2022 arising out of Case Crime No..279 of 2018, under Sections 419, 420, 467, 468 I.P.C, Police Station Kerakat, District Jaunpur. It appears that before the Juvenile Justice Board, Jaunpur a claim was made by CW-1, mother of respondent no.4, that the date of birth of respondent no.4 is 17.03.2001 as per school record. Therefore, on the date of incident dated 08.12.2016 he was aged about 15 years and was juvenile. CW-II, Surendra Kumar Srivastava, Senior Clerk of Public Inter College, Kerakat, Jaunpur, appeared before the Juvenile Justice Board along with the attendance register and proved that the name of the respondent no.4 is registered in the register, his date of birth is 17.03.2001. He took admission in his school on 16.04.2016 in Class IX and passed Class IX in 2017. He was admitted in his school on the basis of a transfer certificate of Class VIII issued by Krishak Bandhu Laghu Uchchatar Madhyamik Vidhyalay, Balrampur, Jaunpur. The Board sent notice to the Krishak Bandhu Laghu Uchchatar Madhyamik Vidhyalay, Balrampur, Jaunpur for proving the Class VIII transfer certificate of Versus Counsel for Revisionist(s) : Md Zakir Husain, Md. Nuruddin Khan Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh Ismile @ Jaddu .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) respondent no.4 and report came that the aforesaid school is closed down. Thereafter, the Head Master of the Public Inter College, Kerakat, Jaunpur was called and he produced the photocopy of the transfer certificate of respondent no.4 before the Board, which was accepted by the Board and respondent no.4 was declared Juvenile aged about 15 years, 8 months and 21 days on the date of incident 08.12.2016. On appeal made by the revisionist the aforesaid order was upheld by the Children's Court and hence this revision. Learned counsel for the revisionist submits that the order passed by both the courts are absolutely illegal and violative of the provisions contained in Section 94(2) of the Juvenile Justice (Care & Protection of Children) Act, 2015. He has submitted that as per sub-clause (i) of the aforesaid section, the school certificate or matriculation certificate is required to be produced for proving the age of juvenile. In the present case Class IXth certificate was produced and on the basis of same he was declared juvenile. CW-II could not prove that the admission in Class IX was given to respondent no.4 in his school, namely, Public Inter College, Kerakat, Jaunpur on the basis of Class VIII transfer certificate issued by Krishak Bandhu Laghu Uchchatar Madhyamik Vidhyalay, Balrampur, Jaunpur. The aforesaid school was found to be closed. Therefore, photocopy of the transfer certificate produced by Head Master of Public Inter College, Kerakat was not legally proved. It was not issued by him or his school but by Krishak Bandhu Laghu Uchchatar Madhyamik Vidhyalay, Balrampur, Jaunpur. No one has turned up on behalf of respondent no.4 to oppose this revision. Learned AGA has submitted that first information report itself was lodged against respondent no.4 on the above ground. He got a fabricated passport issued showing date of birth is 01.01.1997 and therefore, there is contradiction in the date of birth setup before the Juvenile Justice Board and also before the Children's Court from the date of birth in his passport. After hearing rival submissions this court finds that there was no document produced by the revisionist as per sub-clause (i) of Section CRLR No. 1786 of 2024 2 94(2) of the Act and Class IX was found not based on any underlying document which was proved before the court. In view of the above, the orders passed by the Juvenile Justice Board and the Children's Court suffered from apparent illegality and are hereby set aside. Revision is allowed. Office is directed to return the trial court record within a week and this order be also notified to both the courts below by the Registrar (Compliance). Since respondent no.4 has failed to prove himself as juvenile, the Children Court is directed to proceed with the trial of respondent no.4 as an adult as per Section 18(3) of Juvenile Justice (Care & Protection of Children) Act, 2015. September 11, 2025 SS CRLR No. 1786 of 2024 3 (Siddharth,J.) Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad