- (1.) This criminal revision under Section 397/401 Cr.P.C. has been preferred against judgments and orders dated 03.06.2004 and 20.04.2005. The Chief Judicial Magistrate, Ghaziabad vide order dated 03.06.2004 has declared accused-revisionist as juvenile finding age of accused as 17 years at the time of incident. Against aforesaid order respondent no. 2 filed Criminal Appeal No. 4 of 2004 which was allowed vide order dated 20.04.2005 passed by Special Judge S.C./S.T. Act, Gautambudh Nagar, whereby it has set aside the order passed by Chief Judicial Magistrate and directed parties to appear before Court on 21.05.2005 for the purpose of determination of age of accused.
(2.) The prosecution case as emerges from record is that a report was lodged by complainant-respondent no. 2 at Police Station Dadri, District Gautambudh Nagar being Case Crime No. 169 of 2004, under Sections 302, 376, 394, 411 IPC. During investigation accused was arrested and brought before Magistrate. While in custody an application was made on 14.04.2004 on behalf of accused-revisionist that he be declared juvenile under Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act, 2000"). On aforesaid application the Chief Judicial Magistrate declared accused as juvenile, which order was challenged in appeal and Appellate Court vide order impugned in this revision has set aside the order passed by Chief Judicial Magistrate and directed accused to appear before Court on 21.05.2005 for the purpose of determination of age, as stated above.
(3.) Heard Sri Ashutosh Tripathi, Advocate for revisionist and perused the record.;