U.S.TRIPATHI, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed for issue of writ of certiorari quashing the order dated 8-8-2002 passed by the Sessions Judge, Fatehpur in Criminal Misc. Case No. 69 of 2002, for issue of writ or direction in the nature of mandamus declaring the petitioner as juvenile and for issue of writ or direction of mandamus commanding the respondents to lodge the petitioner in Child Care Home as provided under Juvenile Justice (Care and Protection of Children) Act, 2000 and to pass order releasing the petitioner from jail.
(2.) THE facts giving rise to this writ petition in short, are that on 9-6-2002 one Amar Singh lodged an FIR against the applicant at police station, Dhata District Fatehpur with the allegation that on 9-6-2002 at about 7.15 a.m. the applicant caused fire-arm injury on Gulab Singh by a country made pistol, when the latter was cleaning his Maruti Van on the public hand pump in village Jam, P.S. Dhata. On basis of above report a case as Crime No. 126 of 2002 was registered under Sections 307/506, IPC against the applicant. Subsequently, the injured Gulab Singh died and case was converted under Section 302 IPC. During pendency of investigation of the case on 13-6-2002 the applicant moved an application before the Sessions Judge for surrender in the Court. On the above application the learned Sessions Judge called for report from the police station concerned. On receipt of the report of the police the applicant was taken into custody on 22-6-2002. After being taken into custody the applicant moved an application before the Sessions Judge on 22-6-2002 for releasing him on bail on the grounds inter alia that he was 16 years 5 months 4 days old on the date of occurrence. During pendency of above bail application on 5-7-2002 the applicant moved another application before the Sessions Judge to declare him juvenile on the ground that his date of birth was 5-1-1986 and Chief Medical Officer had given certificate that he was 17 years old. Report of Chief Medical Officer and Radiologist were also annexed with the application.
(3.) IT was contended before the learned Sessions Judge that since no Board as required by Section 5 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter called 'the Act') had been constituted by the State Government, the power of Board may be exercised by the Sessions Judge as provided under Section 6 (2) of the Act.;