Crl.Rev.No.2583 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Rev.No.2583 of 2006 Date of Decision: 16.3.2009 Paramjit Singh .....Petitioner Vs. Santokh Lal and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.V.G. Dogra, Advocate, Advocate for the petitioner. Mr. H.S. Gill, Sr. Advocate with Mr.Vivek Goel, Advocate for respondent no.1. Mr. C.S. Brar, DAG, Punjab for respondent no.2. .... RAJIVE BHALLA, J (Oral) The petitioner challenges an order dated 23.10.2006, passed by the Additional Sessions Judge, Ludhiana, setting aside the order dated 7.1.2006, passed by the Principal Magistrate, Juvenile Justice Board, Ludhiana. The petitioner, an accused in FIR No.22 dated 17.1.2004, registered under Sections 302, 148, 149 IPC, at Police Station Nakodar, Distt. Jalandhar was produced before the Juvenile Justice Board, Ludhiana for determining his date of birth. The Juvenile Justice Board vide order dated 7.1.2006 held that the petitioner was a juvenile on the date of occurrence i.e. 17.1.2004. The complainant, however, filed an appeal before the Additional Sessions Judge, Ludhiana. By order dated 23.10.2006, the Additional Sessions Judge, Ludhiana, accepted the appeal Crl.Rev.No.2583 of 2006 2 and set aside the order dated 7.1.2006 passed by the Juvenile Justice Board, Ludhiana. Counsel for the parties are ad-idem that the orders passed by the Juvenile Justice Board, Ludhiana, as also by the Additional Sessions Judge, Ludhiana, be set aside and the matter be remitted to the Principal Magistrate, Juvenile Justice Board, Ludhiana, to decide the matter with respect to the petitioner's age afresh, as neither Court has taken into consideration the entire evidence and even otherwise, parties would like to lead other evidence in support of their respective contentions particularly relating to the date of birth of other children born to Balwinder Kaur, the mother of the petitioner, the school leaving certificate etc. The State of Punjab has no objection to the aforementioned statements. In view of the statements made by counsel for the parties, the present petition is allowed, the orders dated 23.10.2006 and 7.1.2006, passed by the Additional Sessions Judge, Ludhiana, and the Principal Magistrate, Juvenile Justice Board, Ludhiana,respectively are set aside and the matter is remitted to the Juvenile Justice Board, Ludhiana, to decide the petitioner's date of birth as on the date of the commission of the offences, afresh, by permitting parties to lead additional evidence. Parties are directed to appear before the Principal Magistrate, Juvenile Justice Board, Ludhiana, on 20.4.2009. 16.3.2009 (RAJIVE BHALLA) GS JUDGE