- (1.) Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri D.K. Singh/P.K. Singh, learned counsel's for O.P. No.2 and Sri N.K.S Yadav, the learned A.G.A. The applicant challenges an order dated 13.10.2015, passed by the Sessions Judge, Varanasi in S.T. No. 55-A/1987 (State vs. Brijesh Kumar Singh), refusing to permit the counsel for the applicant/informant to cross-examine the defence witness on juvenility. Background: An FIR came to be filed by the applicant as Case Crime No. 28/1986, under Sections 146/149/302/307/120-B IPC at P.S. Ballua, Varanasi on 9/10.4.1986 against O.P. No.2 and other accused persons, involving a murder of 7 persons belonging to the family of the applicant, i.e., of her husband, 4 children and 2 nephews. After investigation, a charge-sheet was laid against 7 accused persons including O.P. No.2. Subsequently, case was committed, charges framed against O.P. No.2 and other accused persons in S.T. No.55/87, but as O.P. No.2 remained absconding for more than 15 years, his trial, i.e., S.T. N.55A/87 was separated on 26.4.2002. The O.P. No.2 came to be arrested in 2008 in Orissa, was brought to Vararnasi where he is languishing in jail but as he was not put on trial in terms of the order dated 26.4.2002, the applicant filed Crl. Misc. Writ Petition No.1666/2015, which came to be disposed of on 14.7.2015, directing the Sessions Judge, Varanasi to ensure compliance of the order dated 26.4.2002 within a year. The O.P. No.2 was produced before the trial court and warrants under Sections 302/307/147/148/149/120-B IPC and Section 25 of the Arms Act prepared. The O.P. No.2 filed an application dated 6.8.2015 under Section 7-A of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short "the J.J. Act"), claiming juvenility on the date of occurrence, on the strength of duplicate copies of the High School mark-sheets and a tabulation register. Objections dated 12.8.2015/23.9.2015 were filed on behalf of the applicant annexing the passport, driving licence, PAN Card and the annual returns of the company of O.P. No.2, alleging his date of birth as 9.11.1964 and not 1.7.1968 as alleged in the application, including a dossier of 41 heinous cases pending against him.
(2.) On 13.10.2015, one Sadanand Pandey, claiming himself to be the Principal of Laxmi Shanker Inter College, Rajwadi, appeared as A.P.W.-1 in an inquiry under Section 7-A of the Act.
(3.) It is submitted that neither the Public Prosecutor nor the applicant had any knowledge of the summoning of any witness in an inquiry under Section 7-A of the Act. Subsequently, O.P. No.2/the accused filed an application for summoning three witnesses in support of alleged juvenility of which neither any notice was given to the Public Prosecutor or to the counsel for the applicant, even though the applicant had filed his objections/supplementary objections in response to the application, claiming juvenility on 12.8.2015/23.9.2015. After examination-in-chief of Sadanand Pandey (A.P.W.-1) on the alleged juvenility on 13.10.2015 was over, the Public Prosecutor initiated cross-examination of A.P.W.-1 and during the process, a question was put by the counsel for the applicant which was objected to by counsel for O.P. No.2 that the informant has no right to cross-examine a witness under Section 301 Cr.P.C, which objection is upheld under the order impugned.;