IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26090 of 2008 ARUN KUMAR MISHRA, SON OF LATE RADHA PRASAD MISHRA, RESIDENT OF VILLAGE MOHANPUR, P.S. SINGHWARA, DISTT. DARBHANGA. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. MANISH KUMAR MISHRA, SON OF SRI CHANDRA BHUSHAN MISHRA, RESIDENT OF VILLAGE – MOHANPUR, P.S. SINGHWARA, DISTT. DARBHANGA. ----- OPPOSITE PARTIES. ----------- 3. 12.05.2011 Heard the parties. The petitioner has sought quashing of the order dated 30.5.2007 passed by the Chief Judicial Magistrate, Darbhanga in M.R. Case No. 244 of 2008 by which it has declared the Opposite Party No. 2 as a Juvenile. It has been submitted on behalf of the petitioner who is the Informant of this case that he was not heard before the Opposite Party No. 2 was declared as Juvenile. On the other hand, learned counsel for the Opposite Party No. 2 submits that the matter is before the Juvenile Justice Board and, therefore, he is fully competent to consider such materials. In my view, since the petitioner had not been given an opportunity of placing the facts with regard to the age of the Opposite Party No. 2, the declaration of the Opposite Party No. 2 as Juvenile in his absence was unwarranted. In the result, the matter will be re-examined by the Juvenile Justice Board, Darbhanga, under Rule 13 who will pass an appropriate order after giving due opportunity to both 2 the parties to place the case with regard to the age of the Opposite Party No. 2. With this observation, the application is disposed off. S.Ali ( Anjana Prakash, J.)