IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.158 of 2010 MD.NAUSHAD, S/o Akhtar Hussain, R/o Vill. Gaina, P.S. Manigachhi, Dist. Darbhanga. Versus The STATE OF BIHAR ----------- 3/ 16.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner, accused for the offence under Sections 302 of I.P.C. and 448 of I.P.C., was facing trial and his case was pending in the Court of Second Additional Sessions Judge, Darbhanga. It was the stage of evidence almost all the prosecution witnesses were examined. A prayer was made on behalf of the petitioner to assess him as juvenile after conducting an enquiry which is refused by passing the impugned order on the ground that the petition was filed at the belated stage as the trial was at the fag end but at the same time, his physical appearance in the Court and non-genuineness of his School Leaving Certificate has also been observed. According to the learned counsel claim of juvenile may be raised before any Court at any stage even after final disposal of the case. That is noticed by the Trial Court but making the above discussed observation, prayer is refused. 2 Learned counsel referred Section 7(A) of Juvenile Justice (Care and Protection of Children) Act, proviso of sub section (1) provides for making claim at any stage. Section 14 provides for enquiry and it is worthless to mention that while deciding the enquiry proceeding, Rule 12 of the Juvenile Justice (Care and Protection) Rules 2007 is to be taken into consideration which has not been taken into consideration. Accordingly, the revision petition is allowed and the judgment and order passed by the Court below is set aside and the case of the petitioner is sent to the Juvenile Justice Board, Darbhanga for deciding the same in accordance with law including holding an enquiry for assessment of the age. Let the order be communicated through F.A.X. at the cost of the petitioner in connection with S.T. No. 271 of 2007 in the Court of 2nd Additional Sessions Judge, Darbhanga. Shail ( Mandhata Singh, J.)