- (1.)Heard learned Counsel of both the parties.
(2.)In this Writ Application, the petitioner has prayed for quashing the entire Criminal Prosecution in Sarwan P. S. Case No. 81 of 2000 corresponding to T. R. No. 1038 of 2004 pending in the Court of Addl. Chief Judicial Magistrate, Deoghar and also for a direction of release of the petitioner forthwith from the Jail custody on the ground that the petitioner is a juvenile and he is in custody since 6-11-2000 along with other criminals and the total period of detention i.e. 30 days in remand home including three years eight months which is still continuing, is three years nine months.
(3.)Learned counsel for the petitioner has submitted that in spite of direction of this Court (Annexure 4) up till now the petitioner has been detained in custody under the Juvenile Justice Act. The enquiry also could not be concluded but the substance of accusation has been explained on 16-9-2003.