IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.740 of 2006 CHANDAN KUMAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 4 7.8.2008 Heard learned counsel for both parties. This application has been filed for setting aside the order dated 13.3.2006 passed by learned Principal Magistrate, Juvenile Justice Court, Saharsa passed in Bihra P. S. Case No.63/05 thereby opposite party no.2 has been declared as juvenile. The only submission of learned counsel for the petitioner is that Juvenile Justice Board has already been constituted in Saharsa and Sri S.K. Mishra was the then Principal Magistrate of the Board, who in violation of Section 5 of Juvenile Justice (Care and Protection of Children ) Act,2000 and sitting singly declared the opposite party no.2 as juvenile. It is further submitted that proviso of Sub Section (3) of Section 5 of the said Act clearly provides that there must be at least two members including the Principal Magistrate present at the time of passing final order. The declaration of opposite party no.2 as juvenile is not a routine matter. Therefore, the Principal Magistrate alone was not competent to pass the impugned order. Learned counsel for the State also concedes the above submission of learned counsel for the petitioner. In the facts and circumstances of the case, this revision application is allowed and the impugned order dated 13.3.21006 is hereby set aside. The matter is remitted back to the court below for fresh - 2 - decision by Juvenile Justice Board consisting of at least two members including the Principal Magistrate. The matter must be decided within two months of receipt / production of a copy of this order. B.Jha (Ghanshyam Prasad)