Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3536 of 2025 Shubham Naik @ Gudu Naik ..... Petitioner Represented By Adv. – Mr. S.R. Panda -versus- State Of Orissa and another ..... Opposite Parties Mr. U.C. Jena, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.10.2025 Order No. 02. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under section 528 of the BNSS, the Petitioner seeks to challenge the order taking cognizance dated 04.04.2025 as well as the entire criminal proceeding in G.R. Case No.1691-A of 2024 which arises out of NTPC P.S. Case No.140 of 2024 now pending in the file of learned S.D.J.M., Talcher. 4. Learned counsel for the Petitioner contended that the Petitioner who happens to be a juvenile is being tried by the regular Page 2 of 3. Court under the provisions of the Cr.P.C. Further, it was contended that the Petitioner being a juvenile is covered under Section 2(13) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter “JJ Act, 2015”). Therefore, regular Court is not empowered to try the case of the present Petitioner. On such ground, learned counsel for the Petitioner contended that the learned trial Court be directed to examine the aforesaid aspect and refer the same to the competent Court to try the case of the present Petitioner. 5. Learned counsel for the State on the other hand contended that the issue with regard to the age of the Petitioner was not raised before the learned trial Court. It was submitted that since the same has not been raised before the learned trial Court first, the Petitioner cannot raise the issue before this Court by filing the present application. On such ground, it is contended that the present application being devoid of merit and is liable to be dismissed. 6. Keeping in view the background facts as well as submissions made by both the sides, this Court on preliminary examination found that the Petitioner has attained 18 years of age. Similarly, on perusal of the FIR it appears that the Petitioner has not been named in the FIR. Moreover, on a perusal of the documents annexed to the application, specifically, the Board Certificate of the Petitioner which has been annexed as Annexer-5, issued by the Board of Secondary Education, Odisha it appears that birth date of the victim has been mentioned as 15.03.2007. 7. In view of the aforesaid factual position, this Court is of the view that the issue with regard to age of the victim is required to be verified by the learned trial Court. In view of the aforesaid position, Page 3 of 3. this Court while disposing of the present application grants liberty to the present Petitioner to raise the aforesaid ground before the learned trial Court within three weeks from today by filing an appropriate application for determining the age of the Petitioner at the time of occurrence. In such eventuality, the learned trial Court shall proceed to determine the same as per law and upon such determination shall take necessary follow-up action. 8. With the aforesaid observation and direction, the CRLMC is disposed of. Urgent certified copy of this order be granted as per rules. ( Aditya Kumar Mohapatra ) Judge Sisir Designation: Personal Assistant