Crl. Rev. No. 1605 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Rev. No. 1605 of 2009 Date of decision:- 19.3.2010 Deepak ... Petitioner. Versus State of Haryana ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. G.S.Hooda, Advocate, for the petitioner. Ms. Shalini Attri, DAG, Haryana. Gurdev Singh, J (oral) Heard. This revision under Section 401 of the Code of Criminal Procedure by Deepak – petitioner/accused is directed against the order dated 1.6.2009 passed by Additional Sessions Judge, Jhajjar, dismissing the application of the petitioner for declaring him as juvenile in the case pertaining to FIR No. 76 dated 14.8.2005, registered under Sections 302, 120 -B and 34 IPC in Police Station Salhawas, while he was standing his trial for those offences before the trial Court. Learned counsel for the petitioner while relying upon the judgment of the Apex Court in Sunil Rathi Vs. State of U.P., (2006) 9 Supreme Court Cases, 603, argued that the trial Court should have been got the application medically examined for determining his age. In view of that argument, it has been submitted by learned State Crl. Rev. No. 1605 of 2009 -2- counsel that she has no objection if petitioner's revision is allowed and a direction be issued to the trial Court for conducting the medical examination of the petitioner for determining his age. Accordingly, the revision petition is accepted. Order dated 1.6.2009 passed by Additional Sessions Judge, Jhajjar, is set aside and he is directed to decide the application of the petitioner afresh after getting his medical examination (ossification test) conducted from the government hospital. March 19, 2010 (Gurdev Singh) tripti Judge