IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1030 of 2009 PAPPU CHOUDHARY Versus STATE OF BIHAR ----------- For the petitioner: Mr. Partha Sarthy, Advocate. For the State: Mrs. Indu Bala Pandey, APP. 3 14.07.2009 Heard both sides. Petitioner calls in question the order dated 22.04.2009 passed by the learned trial court whereby his application filed under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been rejected with the following observations: “Under the circumstances the petition u/s 7A of J.J. Act dt 25.11.2008 on behalf of the accused Pappu Choudhary stands rejected at this stage for want of convincing evidence, as per law, on record. Since the contention has been raised let a report from the Medical Board Patna be called for atonce for ascertaining the age of Pappu Choudhary son of Yoga Choudhary in this case on the date of occurrence.” Learned counsel by filing the supplementary affidavit states as under: “4. That to the best of the knowledge of the petitioner, no letter has been sent, nor has the order been communicated from the Court of the learned Additional Sessions Judge-III, Barh to either the Civil Surgeon, Patna or the Jail Superintendent, Sub Jail, Barh. As such there has been absolutely no progress after the passing of the order dt. 22.4.09.” In these circumstances, learned counsel very fairly submits that he would not thrash the application for the present but would request the court to direct the trial court to take 2 appropriate steps in the light of the observations made in the impugned order. Learned A.P.P. appearing on behalf of the State has no objection to this. In the circumstances, the present application is disposed of in the following manner: Let the trial court get the petitioner examined by a Medical Board as per its own observation made under order dated 22.04.2009 within six weeks from the date of receipt /communication of a copy of this order in the court below and thereafter the matter shall be decided in accordance with law. It is expected that the Jail Superintendent, Barh and the Civil Surgeon, Patna shall act with promptitude in the matter. Sym/ (Kishore K. Mandal, J.)