HIGH COURT OF CHHAmSGARH AT BILJ^PUR '^. CR.REV. N0. 245/2007 APPLICANT Versus Bitan @ SIiivcharaii, S/o. ParSan RajvarAged about-17 years, fhrough natural guapdian. father Parsaaram S/o. Prasad Rajwar r/o. ViUage Sonwahi, P.S. Jaiaagar, TahsU Surajpur Distt. Surguja (CG) State of Chhattisgarh, Througli PoUce Station Ajaii (Scheduled Caste aiid Scheduled Tri.be Prevention of Atrocity Distt. Ainbikapur Sar^uja (CG) CRIMINAL REVISION UNDBR SBCTIQN 401,397 OF THE CR.P.C. :Hoa'ble Shri T.P.Sharma, J.) NON-APPUCANT Rresent: ShriAshok Kuiiiar SIiiikla, Advocate appears onbehalfofShri Suiul Tripafhi, counsel for the applicant. Shn U.K.S.Chaadel, Panel lawyer for the State. OR&LORDER (Passedon 20th February 2008) Tfais petition is directed agaiiist the order passed by the Special Court (SC/ST) Preventiou of AtrocitiesAGt, 1989 in S.T. No. 12/2007 passed on 25.04.2007 whereby fhe application filed by the appUcaat zuider Sectioa 7 of fhe Juverule Justice (Care and Protection of Children) Act was dismissed. 2. The short question argued by fhe counsel for ftie applicaat in fhis petitiQn is that whefher the SpecialJudge is not haviag power to examine tlie age ofthe appUcaat under Section 7 oftheJuverule Justi.ee (Care altd Pl'otection of Children) Act and the Gourt was required to send the person befcre the Board aaid Court has comiuitted iUelgalily by investigatittg the age. -isQrder perused. It appeaTS on fhe perusal of fhe order that the Court has not examiaed the age but has decided the appUcation filed by ^@^^^»®"ic E.:.;:^3-,;: fhe applicant under Section 7 of the Juveiule Justice (Care and Protection of CIuldren) Act by^the alleged delmquent aud amved at a finding that ftie age of fhe accused is below 18 years. Froni the statenient of the fafher of the accuse&, it is clear. The trial Court has uot iavestigated the age of accused/deluiquent simply aad decided fhe application filed under Section 7 of the Juverule Justice (Care and Protection ofChildren) Act. The order impugned does not suffer froiu any illegaUly or uifirinity and fhe petition being devoid pfiaerits is accordingly, dismdssed. Learaed couii.sel sfor thte appllcan.t submits fhat liberty niay be graated to adjudicate the itiatter before the Court below. In view of the above, the petition is disinissed with the aforesaid Uberty. iuguna "Sd/- •• T^P. Shanna Judge ll:11