Criminal Misc. No. M-15482 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-15482 of 2009 (O&M) Date of Decision:28.07.2009 Puran Mal .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mrs. Puja Chopra, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Puran Mal under Section 482 of the Code of Criminal Procedure for quashing the order Annexure P.2 dated 27.2.2009 passed by the Court of learned Chief Judicial Magistrate, Ferozepur and all subsequent proceedings thereto. The brief facts giving rise to this petition are that the petitioner was falsely implicated in FIR No.45 dated 13.4.2008 registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, `the Act') at Police Station Mallanwala, District Ferozepur. He was juvenile at the time of commission of the alleged offence. This fact was brought to the notice of the police which had wrongly presented the challan before the Special Court under the Act at Ferozepur. The petitioner moved an application before the Court of Shri J.S. Bhinder, Special Judge, Ferozepur on 29.1.2002 for declaring him juvenile. Vide his order dated 12.2.2009 Annexure P.1, he declared the petitioner as a juvenile. The file of Criminal Misc. No. M-15482 of 2009 (O&M) -2- the case was received by the Court of Shri J.S. Kang learned Chief Judicial Magistrate, Ferozepur. He adjourned the case to 13.3.2009 for further inquiry regarding age proof of juvenile. The case is being adjourned by the Court presided over by Shri J.S. Kang after passing of Annexure P.2 for holding the inquiry in relation to the age of the petitioner. The orders Annexure P.2 as well as Annexure P.3 are illegal and unsustainable in the eyes of law. Once the Superior Court being presided over by Shri J.S. Bhinder has already declared the petitioner as juvenile, there was no need of any further inquiry by the Juvenile Justice Board. As per the provisions of Section 6(2) of the Juvenile Justice (Care and Protection of Children) Act, 2000, (for brevity, `the 2000 Act') the powers have been conferred upon the High Court as well as Court of Sessions to declare the accused as juvenile. In these premises, Annexure P.2 as well as Annexure P.3 may be set aside. I have heard the learned counsel for the parties besides, perusing the record with due care and circumspection. Learned counsel for the petitioner eloquently urged that in view of Annexure P.1, the order passed by the Court of learned Special Judge, Ferozepur, the impugned orders Annexure P.2 as well as Annexure P.3 are liable to be quashed. Learned State Counsel could not refute this contention in any manner. There is no gainsaying the fact that in view of the provisions as enshrined in Section 6(2) of the 2000 Act, this Court as well as the Court of Sessions can declare an accused as a juvenile. Annexure P.1 reads as under:- “Copy of order 12.2.2009 In the Court of Sh. J.S. Bhinder, Additional Sessions Judge, Criminal Misc. No. M-15482 of 2009 (O&M) -3- Ferozepur. xxx xxx xxx xxx FIR No.45, DATED:-13.4.08, U/SS 18/61/85 NDPS Act, PS Mallanwala. xxx xxx xxx xxx Present: Shri Navdeep Girdhar, Add. P.P. for the State. Accused in custody with counsel Miss Surjit Kaur, Adv. Arguments heard on the application filed by the accused for sending his case to the Juvenile Justice Board. The statements of his parents have been recorded and there is a school transfer certificate Ex.P1 on file, according to which, the date of birth of Puran Mal accused is 13.3.1991 and the date of occurrence is 13.4.2008. So, it is clear that he was less than 18 years at the time of commission of alleged offence. Puran Mal is declared as juvenile and this case be sent to the Juvenile Justice Board for trial, for 27.2.2009. Sd/- 12.2.2009. (J.S. Bhinder), Special Judge, Ferozepur.” Annexure P.2 runs in the following terms:- “Copy of order dated 27.2.2009 In the Court of Sh. J.S. Kang PCS, CJM, Ferozepur. xxx xxx xxx xxx FIR No.45, DATED:-13.4.08, U/SS 18/61/85 NDPS Act, PS Mallanwala. xxx xxx xxx xxx Criminal Misc. No. M-15482 of 2009 (O&M) -4- Present: APP for the State. Accused in custody with Miss. Surjit Kaur Adv. File received by transfer. It be got checked from Ahlmad. It be registered. Now file be put up on 13.3.09 for further inquiry regarding age proof of Juvenile. Sd/- J.S. Kang, CJM 27.02.09.” Annexure P.3 reads as under:- “Copy of order In the Court of Sh. J.S. Kang PCS, CJM, Ferozepur. xxx xxx xxx xxx FIR No.45, DATED:-13.4.08, U/SS 18/61/85 NDPS Act, PS Mallanwala. xxx xxx xxx xxx Present: As Above. Statement of Juvenile recorded. No other evidence regarding age of proof is put, on request of juvenile, file be put up on 27.2.2009 for evidence regarding age of proof. Arguments also to be heard on the same date. Sd/- P.M. JJB Ferozepur. 13.3.2009.” Axiomatically, in the semantics of Annexure P.1, the petitioner was declared a juvenile by the Court of learned Special Judge, Ferozepur on 12.2.2009. Obviously, Annexures P.2 as well as P.3 have been passed subsequently. When Annexure P.1 has been handed down by a Superior Criminal Misc. No. M-15482 of 2009 (O&M) -5- Court, declaring the petitioner as a juvenile, where was the necessity for the learned Chief Judicial Magistrate to traverse the same ground, which has already been beaten off. Furthermore, a glance through the order dated 12.2.2009 would reveal that the file has been sent to the learned Chief Judicial Magistrate, Ferozepur for trial of the petitioner as juvenile and not for re-determining the age of the petitioner on the date of commission of the offence. Sequelly, in view of Annexure P.1 delivered by the Court of learned Special Judge, Ferozepur, the impugned orders Annexures P.2 and P.3 are hereby quashed. Disposed of accordingly. July 28, 2009 ( HARBANS LAL ) renu JUDGE