IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev. No. 2995 of 2010 Date of decision: 18.08.2011 Jan Kishore ..Petitioner Versus State of Haryana ..Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Y.D. Kaushik, Advocate for the petitioner. Mr. Amandeep Singh, AAG, Haryana. **** SABINA, J. Petitioner has filed this petition for challenging the order dated 11.10.2010, whereby application moved by the petitioner for declaring him juvenile was dismissed. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. The petitioner had produced on record Certificate issued by District Education Officer, Seharsa (Annexure P-2). As per the same the date of birth of the petitioner is mentioned as 1.2.1995. The official, who had gone to verify the genuineness of the said certificate deposed that the certificate was genuine. The Learned Sessions Judge, while declining the application moved by the petitioner for declaring him juvenile has held that there was no material on record as to on what basis the date of birth of the petitioner was recorded in the certificate (Annexure P-2). Since there was no date of birth certificate on record produced by the petitioner, the learned Sessions Judge, could have got the ossification test of the petitioner conducted in order to determine his age. The plea taken by the petitioner Crl. Rev. No. 2995 of 2010 -2- that he was aged about 15 years and 2 months at the time of alleged occurrence, if proved then he is liable to be tried by the Juvenile Justice Board. Accordingly, in the facts and circumstances of the case, it would be just and expedient to allow this petition. Accordingly this petition is allowed. The impugned order dated 11.10.2010is set aside. The trial Court is directed to pass afresh order on the application in accordance with law, after getting an ossification test conducted on the petitioner to determine his age. (SABINA) August 18, 2011 JUDGE Poonam (II)