cwp104.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.104 OF 2011 Shri. Pawankumar Sibban Kewat, Convict No.6837, Permanent Resident of- Village Sonuwali, Tq-Nevtermer, Dist-Maharajgunj (UP), At present R/o- Aurangabad Central Prison, Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai, 2) The Superintendent of Prison, Aurangabad Central Prison, Dist-Aurangabad, 3) The Juvenile Justice Board, Aurangabad. ...RESPONDENTS. ... Shri.Ajit Zarekar Advocate (appointed) for Petitioner. Shri. N.H. Borade, A.P.P. for Respondents. ... cwp104.11 2 CORAM: NARESH H. PATIL AND A.V. POTDAR, JJ. DATE : 15TH MARCH, 2011. PER COURT : 1. This is second representation by the Petitioner - Pawankumar Sibban Kewat. Earlier, on 8th March, 2010, the Petitioner had filed Criminal Writ Petition No.243 of 2010 with following prayer clauses: “B. By issue of writ of mandamus or any other writ, order or direction in like nature, the judgment and order dated 10.2.2009, passed by learned Assistant Sessions Judge, Aurangabad in Sessions Case No.229/2006, so also the judgment and order dated 27.11.2009 passed by this Hon’ble Court in Criminal Appeal No.214/2009 be declared as null and void and the cwp104.11 3 petitioner be exonerated from the charges being juvenile. C) The Petitioner be granted protection as per the provisions of Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000.” 2. By Judgment and order dated 18th November, 2010, the Division Bench of this Court (CORAM: P.V. HARDAS AND A.V. POTDAR, JJ.) in Writ Petition No.243 of 2010, directed to refer the matter to the Juvenile Justice Board for deciding the question of age of the Petitioner as on 1st June, 2005 and for passing appropriate orders in accordance with law. 3. In the light of the same, second Petition filed by the Petitioner is not maintainable. We dismiss the present Criminal Writ Petition. cwp104.11 4 4. Copy of this order be forwarded to the Juvenile Justice Board, Aurangabad. 5. The Secretary, High Court Legal Services Sub Committee, Aurangabad is directed to pay the fees of the appointed counsel, as per rules. [A.V. POTDAR, J.] [NARESH H. PATIL, J.] asb/MAR11/cwp104.11