IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12549 of 2010 1. DHIRAJ KUMAR 2. NIRAJ KUMAR, BOTH SONS OF BINOD SHARMA, RESIDENT OF MANJHAULI, P.S. PHULWARISHARIF IN THE DISTRICT OF PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. PRAHALAD SHARMA, SON OF LATE RAMBACHCHAN SINGH, RESIDENT OF MANJHAULI, P.S. PHULWARISHARIF IN THE DISTRICT OF PATNA. ---- OPPOSITE PARTIES ----------- 2 17.5.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing of the order dated 12.3.2010 by which the Court has rejected the application filed on behalf of the petitioners to conduct an enquiry for the purposes of determining whether the petitioners are juvenile or not. The petitioners claim that their date of birth is 15.1.1990 and 1.3.1987 respectively. It is submitted that the petitioners were minor on the date of occurrence. The Court below has relied on a judgment reported in AIR 1965 which has been quoted in the order. The judgment referred to is with respect to a person who had been taken into service although he was not a minor. In that context, the Supreme Court has held taking into consideration the service rules a person cannot claim the advantage of being appointed before he is a major and utilize that date for the purposes of continuing in service after the date of retirement. This case would not be applicable in the facts of the present case specially with the advent of the Juvenile Justice Act. The Additional Sessions Judge, IV, Patna should refer the procedure for determining whether the persons is juvenile under the Juvenile Justice Act and hold an enquiry for determining the date of birth of the 2 petitioners and their age by means of a medical examination, if the Court doubts that the matriculation certificate/school leaving certificate. The order impugned dated 12.3.2010 passed in Sessions Trial No. 893 of 2005 is quashed and the matter is remitted back for passing of fresh orders in accordance with the Act. This application is allowed. Counsel for the petitioners undertakes to deposit the cost of FAX for communicating this order to the Court of the Additional District & Sessions Judge, IV, Patna by 21st of May, 2010. Sanjay (Sheema Ali Khan, J.)