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Neutral Citation No. - 2025:AHC:114747 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 10713 of 2024 Petitioner :- Karamveer Respondent :- State of U.P. and Another Counsel for Petitioner :- Anoop Kumar Mishra,Pradhumn Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with the prayer to quash the impugned order dated 16.07.2024 passed by learned Additional District and Session Judge, Court No. 20, Meerut in Criminal Revision No. 92/2024 (Karamveer Vs. Smt. Manju and another) as well as summoning
order dated 16.11.2023 passed by learned Civil Judge (Junior Division)/FTC, Meerut in Application U/s 319 Cr.P.C. arising out of Case Crime No. 100/2020, Criminal Case No. 10796/2021 (State Vs. Paramveer and others), u/s 354 IPC, P.S. Mahila Thana, District Meerut. It has been submitted by the learned counsel of the petitioner that the petitioner is a juvenile. According to the High School Certificate, the date of birth of the petitioner is recorded as 07.07.2004 and was below 18 years of age on the date of incident. The minor petitioner is the brother-in-law (dewar) of the first informant/opposite party no. 2. It has also been contended that though the petitioner was named in the FIR but after investigation, final report was submitted. Subsequently, during the trial proceedings the name of the petitioner has cropped up in the testimony of P.W. 1 and P.W. 2 and has been summoned to face the trial on an application moved by the first informant u/s 319 Cr.P.C. vide order dated 16.11.2023 passed by Civil Judge (Junior Division)/FTC, Meerut, u/s 354 IPC. Being aggrieved by the said
order, the petitioner filed a criminal revision which has also been rejected on the ground that the petitioner did not raised the plea of juvenility while passing of the order impugned.
Learned counsel for the petitioner has raised an objection that the
order is bad in law as section 23 of the Juvenile Justice Care and Protection of Children Act, 2015 specifically provides that "No joint proceedings of child in conflict with the law and person not a child to be proceeded with". Considering the submissions made by the learned counsel for the petitioner and from the perusal of record it transpires that the petitioner was below 18 years of age on the date of incident and is a child in conflict with law and has been summoned to face the trial u/s 354 IPC. In case, the petitioner moves an application before the court concerned claiming his juvenility within a period of four weeks from the date of the order, the same be considered and decided in accordance with law, if there is no other legal impediment. Till the conclusion of the trial, no coercive measure shall be taken against the petitioner. With the aforesaid direction, the petition is disposed of.
Order Date :- 16.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad