IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49225 of 2007 MD.ZIAUL Versus STATE OF BIHAR ----------- 3. 27.02.2009 Heard learned counsel for the petitioner, for the State and for the informant, who has appeared suo motu. The petitioner is aggrieved by the order dated 3.8.2007 in Sessions Trial No. 749 of 2006 arising out of Kotwali P.S. Case No. 256 of 2006 registered under Section 307 and other provisions of the Penal Code and Arms Act passed by the learned ADJ, FTC VII, Munger. By this order, the application filed on behalf of the petitioner for sending the records to the Juvenile Court for declaration of the petitioner as minor on basis of his age has been rejected. The first information report has been lodged on 14.7.2006. The petitioner is a named accused therein. No sooner that he was taken into custody, his counsel filed an application on 13.4.2007 for determination of age of the petitioner claiming that he was a juvenile and was liable to be tried in accordance with Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as „the Act‟). Learned counsel relies upon the provisions of Section 7 A of the Act to submit that once such an application was filed, the Court was duty bound to refer the matter for enquiry for affirmation of the age. The court below erred by proceeding on extraneous consideration ignoring the legislative mandate holding that the application was not bonafide. 2 The order is, therefore, not sustainable. Learned counsel for the informant opposing the application sought to persuade this Court that the application for ascertainment of the age was not bonafide. The Court holds from the language of Section 7 A of the Act that it is mandatory. The words used are “The Court shall make enquiry.” In that view of the matter, the impugned order dated 13.8.2007 is not sustainable. The objection of the informant can well be considered during the enquiry. The impugned order is set aside and the matter is remanded to proceed in accordance with law under Section 7 A of the Act. The application stands allowed. AKS/ (Navin Sinha, J.)