IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.85 of 2009 SANJAY KUMAR PODDAR @ SANJAY PODDAR . --- PETITIONER Versus 1. STATE OF BIHAR . 2. MANORAJAN DEVNATH --- OPP. PARTIES. ----------- 04 29.03.2011 Heard both sides. Petitioner is aggrieved by order dated 17.12.2008, whereby the application (Annexure-4) claiming himself to be juvenile on the date of occurrence in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 ( hereinafter referred to as the ‘Act’) was rejected without instituting an enquiry in terms of Section 7A of the Act. Law is well settled that such issue/claim can be raised at any stage of the proceeding. Once it is raised the Court has to consider the said claim in accordance with the provisions contained in the Act particularly Section 7A thereof. The consideration made in the impugned order may be relevant consideration but after constituting an enquiry in which the petitioner will be given liberty to adduce evidence/materials in support of his claim. Learned A.P.P. appearing on behalf of the State, in view of the provision of the Act and the Rules framed thereunder, submits that the claim of juvenility can be raised at any stage of the proceedings. Having considered the submissions advanced on behalf of the parties, this Court is satisfied that the order impugned requires interference. Accordingly, order dated 17/12/2008 passed by learned 2 Additional Sessions Judge, Fast Track Court No. IV, West Champaran, Bettiah in Sessions trial no. 418 of 1995 is quashed and set aside. The matter goes on remand to the learned trial Court for proceeding afresh in accordance with the Act and the Rules framed thereunder. It will be open to the trial Court to initiate enquiry either himself or assign the same to the concerned Juvenile Board. Sym ( Kishore K. Mandal, J.)