Vinod Prasad, J. - (1.) REVISIONIST Surjeet Singh is aggrieved by order dated 8.2.2011 passed by Additional Sessions Judge, Varanasi in S.T. No. 598/2003 (State v. Shiv Prakash Singh and Ors.) relating to offences under Sections 147, 148, 149, 302, 307, 506 I.P.C., P.S. Cholapur, District Varanasi, by which order, the prayer of the revisionist to send his matter before Juvenile Justice Board made through an application being Paper No. 275 Kha has been refused by the trial Judge.
(2.) I have heard Sri P.K. Singh, learned Counsel for the revisionist and learned AGA for an against this revision. Perusal of the impugned order as well as record indicates that for the charge of aforesaid offences, revisionist is facing trial along with other accused persons Prem Chandra, Om Prakash, Bharat Singh, Ashok Kumar Singh, Sonu Yadav, Sushil Singh, Pyare Lal, Mahesh Yadav, Kailash, Satyendra @ Guddu and Shiv Prakash.
(3.) DURING the course of the proceeding, revisionist along with his co -accused Mahesh Yadav claimed juvenility. Vide order dated 16.2.2010, they were declared to be a juvenile but at the same time their trial was directed to be held simultaneously by the trial Judge. The trial of the accused persons is pending since 2003 and seven years have already lapsed. Learned Counsel for C.B.I. opposed the prayer of the revisionist. Relying upon Section 20 of Juvenile Justice Act, counsel for C.B.I. submitted that there is no need to send the matter of the revisionist before Juvenile Justice Board and after recording conviction, his case can be transferred to the Juvenile Justice Board for imposing a sentence.;