Vishnu Chandra Gupta, J. - (1.) CHALLENGE in this Revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (for short 'the Act') is an order dated 27.9.2012 passed by Additional Session's Judge Court No. 9, Lucknow in Criminal Misc. Case No. 02 of 2012, rejecting the application of the revisionist, moved in pursuance of an order passed in Cr. Revision No. 348 of 2012 by this Court (The High Court), to declare him juvenile. I have heard Sri Atul Verma. advocate, learned counsel for the revisionist, Sri Mukul Rakesh, advocate, learned counsel appearing on behalf of respondent/O.P. No. 2 and Smt. Suniti Sachan, learned A.G.A.
(2.) TO decide this revision brief facts of the case are that O.P. No. 2 Momin Khan lodged a first information report of committing murder of Abu Basar Ali Khan @ Babu Khan on 2.12.2009 by revisionist and two others, in P.S., Malihabad on the same day, i.e., on 2.12.2009 at Case Crime No. 567 of 2009. After investigation a charge -sheet had been submitted. The court of sessions took cognizance after committal of case and proceeded with the trial against the three accused including revisionist. From perusal of record of this revision it appears that revisionist before committal of case to court of sessions, moved an application before C.J.M., Lucknow for declaring him as juvenile and therein pleaded his date of birth as 12.2.1992. In support of it the revisionist filed progress report of Class II. Class III and Class IV of Exon Montessori High School alongwith transfer certificate issued by the same institution. In support of these documents Sanjay Kumar Kanchan, the clerk of the aforesaid school was examined.
(3.) THE complainant opposed the move of the revisionist before court of C.J.M. and filed objection alongwith photo identity card issued by Election Commission of India, copy of affidavit of the revisionist filed before Regional Transport Officer, (for short 'R.T.O.') Lucknow for issue of driving licence in his name and copy of driving licence, wherein date of birth of the revisionist was shown as 1.1.1987. The original documents from R.T.O. office were also summoned for verification. After considering the evidence available on record, C.J.M. dismissed the application vide its order dated 12.8.2010 (Annexure -4).;