IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44485 of 2009 RISHIKESH KUMAR YADAV @ RISHIKESH KUMAR @ MUNNA YADAV, son of Sri Shabhunath Yadav, village Latraha, PS Barhara, Kothi, Dist. Purnea – petitioner. Versus THE STATE OF BIHAR ----------- 3 22.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 7.7.2009 passed by the Additional Chief Judicial Magistrate, Purnea in Barhara PS Case No. 81/2007. The order aforesaid is hereby quashed on the ground that the Additional Chief Judicial Magistrate has not considered the order passed on 22.4.2009 by which the petitioner had been held to be seventeen years and three months old on the date of occurrence. It is submitted that once the petitioner has been declared as a juvenile, the Additional Chief Judicial Magistrate, Purnea could not have taken cognizance in this case. The matter is remanded back to the Additional Chief Judicial Magistrate, Purnea to pass a fresh order in the case. This application is disposed of with the aforesaid observation. Counsel for the petitioner is permitted to deposit the cost of Fax for communicating this order to the court concern. haque (Sheema Ali Khan, J.)